WILL: Enoch Davis; Saratoga Springs, Saratoga Co., NY

Copyright (c) 2000 by Thomas Dunne (ThmsDunne9@aol.com).

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Will of Davis Enoch

Enoch Davis is buried in the Whitford Cemetery, Saratoga Spa, Saratoga Co., NY

The last will and Testament of Enoch Davis of the town of Saratoga Springs 
deceased relating to both real and personal estate together with the proof
there of recorded on the 13th day of September 1858.

At a Surrogates Court held at the Village of Ballston Spa in and for the
county of Saratoga on the 13th day of September 1858
Present Cornelius A Waldron Surrogate.
Be it remembered that at a Surrogates Court held on the 27th day of July 1858 
John W Eddy an executor named in a certain instrument dated the 5th day of May 
1858 purporting to be the last will and testament of Enoch Davis deceased 
appeared and presented said will for probate, and at the same time made 
satisfactory proof by petition duly verified that said Enoch Davis died on the 
30th day of June 1858 being at the time of his death and inhabitant of the 
County of Saratoga, and that he left him surviving the following named persons 
to wit: Eliza Wait wife of Daniel Wait, Hiram Davis, Albert Davis, Triphena 
Garnsey wife of Ahymus Garnsey, Hannah M Davis, Ezra Davis, Calvin Davis and 
Almira Golden wife of Warren L Golden all of full age and who are all and the 
only heirs at Law, and next of kin of said deceased, and thereupon a citation 
was issued to said heirs and next of kin citing them to appear before the 
Surrogate at his office in the Village of Saratoga Springs said County of 
Saratoga on the 28th day of August 1858, at 10 o'clock A.M. to attend the
proof and probate of said will. And on the said 23rd day of August 1858 the
said executor again appeared & returned said citation with proof of the due
legal service of the same on all to whom directed except Almira Golden, and
thereupon a further citation was issued to said Almira Golden citing her to
appear before the Surrogate at his office in the Village of Ballston Spa in
said county of Saratoga on the 13th day of September 1858 at 10 o'clock AM to
attend the proof and probate of said will, and now at this day the said
executor again appeared and returned said further citation with proof of the
due & legal service of the same on the said Almira Golden, and made
application to have said will admitted to probate, and no one opposing and
said will being produced and shown to the attesting witnesses thereto the
proof thereof was taken in the words and figures following to wit: County of
Saratoga - Surrogates Court on the matter of 
 
Proving the last Will and Testament of Enoch Davis deceased Saratoga County
SS: 
John T Carr and John B Davis of the town of Saratoga Springs 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 Enoch 
Davis late of the town of Saratoga Springs 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 to be the last will and Testament of the said deceased, and which
bears date on the 5th day of May in the year one thousand eight hundred and
fifty eight that the said deceased did at the time of subscribing his name to
said instrument as aforesaid, declares the same to be his last will and
testament; that these deponent 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. John T Carr, John B Davis. Subscribed
and sworn this 13th day of September 1858 before me. C A Waldron, Surrogate 
And it appearing from the proof so taken that said instrument was duly
executed, and that said testator was at the time of executing the same in all
respects competent to devise real estate and not under restraint And the said
Surrogate having inquired into the facts and circumstances and being satisfied
of the genuineness and validity of said will and no objection being made
thereto. It is ordered adjudged and decreed that said instrument be admitted
to probate as and for the last will and testament of said Enoch Davis
deceased. And it is further ordered that said will be recorded with the proof
thereof which said proof is herein before recorded and said will is in the
words and figures following to wit.
 
The last will and Testament of Enoch Davis. In the name of God Amen: I Enoch 
Davis of the town of Saratoga Springs in the County of Saratoga and State of
New York being of sound and disposing mind, memory and understanding do hereby
make, publish and declare this to be my last will and Testament as follows to
wit: 

First I will and direct that all my just and legal debts and funeral charges
be paid by my Executors herein after named Item I will devise and bequeath
unto each of my three daughters viz - Eliza Wait wife of Daniel Wait of Wilton
New York - Triphena Garnsey wife of Ahymas Garnsey of Saratoga Springs and
Almira Golden wife of Warren L Golden five hundred Dollars. Item - I will,
devise and bequeath unto my daughter Hannah M Davis of Saratoga Springs. One
Cow, and fifty dollars worth of household furniture to be selected by her from
what I shall leave at my decease and also the sum of eight hundred Dollars in
money. Item - I will devise and bequeath unto each of my five sons viz: Calvin
Davis, Albert Davis, Hiram Davis, Ezra Davis and Charles Edwin Davis. one
thousand Dollars - But the above legacy to my son Calvin Davis shall be the
same one thousand Dollars mentioned in a Bond I hold against him bearing date
April 1, 1857. and mentioned therein as a gift to him at my death & shall not
be in addition thereto, And the above legacies to my sons Albert Davis - &
Hiram Davis shall be the same one thousand Dollars mentioned as a gift from me
in two several Bonds & Mortgages by them respectively made to me & shall not
be in addition thereto. The said Bond & Mortgage made by Hiram Davis bears
date April 1, 1856, and the said Bond & Mortgage made by Albert Davis bears
date January 30, 1858. And the above legacies to Ezra Davis and Charles Edwin
Davis are the same one thousand Dollars mentioned as a gift from me to each of
them in a Bond & Mortgage made by them jointly to me and bearing date April 1,
1857 and shall not be in addition thereto. I will my son Ezra Davis have my
writing Desk. And I further expressly Will and direct that in case at the time
of my death I shall leave any receipt from any one or more of my said
daughters or any book account, charge, note, bond or obligation against any of
my daughters aforesaid, that such receipt book account, charge, note Bond or
obligation ( without interest) shall be deducted from the legacy given to such
daughter or daughters respectively. Item - All the rest residue and remainder
of my estate both real and personal of every name & nature & wheresoever
situate shall be equally divided between my nine children above mentioned
share and share alike. I do hereby authorize & empower my executors herein
after mentioned to sell and dispose of any and all of my Real estate at Public
or private sale. I will & direct that the above legacies given to each of my
daughters shall be solely theirs and shall not be under the control of their
present or any future husbands. I do hereby nominate constitute and appoint my
sons Ezra Davis & Charles Edwin Davis and my worthy friend John W Eddy of
Saratoga Springs Executors of this my last will and testament. In witness
whereof I have hereunto set my hand seal this 5th day of May in the year 
of our Lord one thousand Eight hundred & fifty eight “Legal” underlined before 
execution Enoch Davis (L.S.)

The above instrument was at the date thereof signed, sealed publeshed and 
declared by the said Enoch Davis as and for his last will and testament in 
presence of us who at his request and in his presence and in the presence of 
each other have subscribed our names as witnesses thereto John T Carr of 
Saratoga Springs N.Y. John B Davis do do I Cornelius A Waldron Surrogate of
the County of Saratoga do hereby certify the foregoing to be a true record of
the last will and testament of Enoch Davis deceased and of the proof thereof
taken before me September 15, 1858. C.A. Waldron
Surrogate