WILL: Preserved Salisbury; Stillwater, Saratoga co., NY surname: Salisbury, Bidwell, Burliss, Burt, Howland, Salisbury, Wright submitted by Mary Ann Salisbury (emailmary at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 28, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 21.5 Kb ************************************************ Source: Sampubco.com Saratoga Co NY Will Book vol. 9 page 354 Written: August 13, 1835 Recorded: December 21, 1835 Will of PRESERVED SALISBURY of STILLWATER, SARATOGA, N.Y. Pages 354-362 SEE WILLS OF THOMAS SALISBURY, HIRAM SALISBURY, LEWIS SALISBURY. (PRESERVED SALISBURY IS THE SON OF THOMAS SALISBURY AND THE FATHER OF HIRAM SALISBURY AND LEWIS SALISBURY) Surnames: BIDWELL, BURLISS, BURT, HOWLAND, SALISBURY, THOMPSON, WRIGHT died: 28 OCT 1835 will signed: 13 AUG 1835 will proved: 21 DEC 1835 surrogate: JOHN W. THOMPSON of BALLSTON SPA, NY witness: POWELL HOWLAND of HALF MOON, SARATOGA, NY witness: REUBEN BIDWELL of STILLWATER wife and executrix: MARY son and executor: HIRAM SALISBURY, 1.200 dollars son and executor: THOMAS SALISBURY, 1,200 dollars son and executor: LEWIS SALISBURY, 1,000 dollars, etc. daughter: MARIA SALISBURY, 1,000 dollars, etc. daughter: BETSEY WRIGHT, wife of GEORGE WRIGHT, 200 or 800 dollars daughter: SARAH WRIGHT, wife of DENNIS WRIGHT, 200 or 800 dollars daughter: BETSEY WRIGHT, wife of STEPHEN BURLISS, 200 or 800 dollars daughter: REBECCA SALISBURY, 200 or 800 dollars (Rebecca married Mr. BURT. Her BROTHER HIRAM SALISBURY'S Will was witnessed by LEWIS P. BURT and the Codicil of HIRAM'S Will mentions his SISTER REBECCA BURT ) WILL: The Last Will and Testament with the Probate thereof of PRESERVED SALISBURY deceased. Recorded December 21st 1835. I, PRESERVED SALISBURY of the Town of STILLWATER and County of SARATOGA being weak in body but of a sound and perfect mind and memory do make and publish this my Last Will and Testament in manner and form following, viz: I give and bequeath unto my beloved WIFE MARY SALISBURY in lieu of her dower as proscribed by law the use of one third of my real estate during her natural life and of the remaining two thirds until disposed of by my executors and the use of all my household furniture which I do not otherwise dispose of, my carriage one cow and ten sheep but should she elect to take her lawful right of dower out of my estate then the above legacy and bequests to be void. I hereby authorize my EXECUTRIX and EXECUTORS hereinafter named to sell all my estate both real and personal except that part which are otherwise expressly bequeathed in one year from my decease and also the right to set apart for dower of my widow aforesaid in one year from the decease of my widow and as fast as they can procure the proceeds of such sales to pay the legacies hereinafter specified out of the avails of either real or personal estate to wit: I give and bequeath to my SONS THOMAS and HIRAM SALISBURY each one thousand two hundred dollars, which sum they have each received. To my SON LEWIS SALISBURY one thousand dollars to be paid in money and the two iron grey Colts, a saddle, one cow, one heifer, twelve sheep, one hog, one scythe and cradle, one grass scythe, one axe, one new wagon, one new plough, one feather bed and a common set of harness, to him and his heirs I give and bequeath the above forever. I give and bequeath to my DAUGHTER MARIA the use of one thousand dollars to be placed at interest and the interest paid by my executors to her annually and one cow and two beds and bedding during her natural life and should she die leaving children then the principal to be equally divided between them, if not then to be divided between her brothers and sisters and their heirs if any of them be dead. I also give and bequeath unto my DAUGHTER REBECCA and her heirs, two hundred dollars. I also give and bequeath to my DAUGHTERS BETSEY WRIGHT, POLLY BURLISS and SARAH WRIGHT two hundred dollars each, which they have received. And should there be avails of the sales of my estate after paying out the above legacies, I give and bequeath to each of my DAUGHTERS BETSEY WRIGHT, POLLY BURLISS and SARAH WRIGHT and REBECCA SALISBURY each six hundred dollars to them and their heirs, and should there still be a surplus on a final settlement of my estate, I hereby direct that the same be divided and paid equally to my SONS and DAUGHTERS and their representatives, provided always that any sum or sums of money which on any division of my estate may belong to BETSEY WRIGHT shall not be paid to her during the life time of GEORGE WRIGHT nor to the said GEORGE WRIGHT nor in any manner be applied in payment of the debts of the said GEORGE WRIGHT or in the liquidation of judgments now or hereafter attained against the said GEORGE WRIGHT, but shall be kept in the hands of my EXECUTORS and by them placed at interest on good and sufficient security and the interest of the same to be paid to the said BETSEY WRIGHT annually to be applied as she shall see proper, and if the said BETSEY WRIGHT shall die before the above stated legacy or legacies can be paid to her, then it is to be equally divided between HER CHILDREN and paid to each as fast as they shall attain the age of twenty one years. And I hereby nominate, constitute and appoint my WIFE MARY SALISBURY EXECUTRIX and my SONS THOMAS, HIRAM and LEWIS SALISBURY EXECUTORS of this my Last Will and Testament. Given under my hand and seal this thirteenth day of August In the year of our Lord One thousand eight hundred and thirty five. PRESERVED SALISBURY L.S. Signed, Sealed, Published and Declared in the presence of us who have in the presence of each other subscribed their names as witnesses to be his Last Will and Testament. POWELL HOWLAND OF the Town of HALF MOON REUBEN BIDWELL of the Town of STILLWATER STATE of NEW YORK COUNTY of SARATOGA SURROGATE'S COURT Be it remembered that on the 21st day of December In the year of our Lord One thousand eight hundred and thirty five before JOHN W. THOMPSON SURROGATE of the County of SARATOGA came THOMAS SALISBURY, HIRAM SALISBURY and LEWIS SALISBURY EXECUTORS named in a certain instrument which purports to be the Last Will and Testament of PRESERVED SALISBURY late of the Town of STILLWATER in the County of SARATOGA, deceased, and which said instrument is hereunto annexed, and which bears date on the thirteenth day of August In the year of our Lord One thousand eight hundred and thirty five, and the said EXECUTORS propounded the aforesaid instrument unto the Surrogate aforesaid as the Last Will and Testament of the said deceased and prayed that the same might be duly admitted to Probate by the said Surrogate, pursuant to the provisions of the statutes of this State concerning wills of personal property and the Probate thereof. And thereupon satisfactory proof was made according to law, unto the aforesaid Surrogate, of the due service of the citation by him heretofore issued pursuant to law, under his hand and the seal of office of the Surrogate of the County of Saratoga upon the WIDOW and the NEXT OF KIN of the aforesaid deceased, to appear before the said Surrogate at his office in the Village of Ballston Spa at a certain time therein specified and attend the probate of the instrument aforesaid. And thereupon, the said annexed instrument was also exhibited and produced unto the said Surrogate and to support and maintain the instrument before mentioned the said persons so propounding the same for probate, produced unto the said Surrogate POWELL HOWLAND and REUBEN BIDWELL attesting witnesses to the aforesaid instrument and who being each duly sworn by the said Surrogate in open court, did depose and say that they saw the said PRESERVED SALISBURY subscribe his name at the end of the aforesaid annexed instrument, that they heard the said PRESERVED SALISBURY declare the aforesaid instrument to be his Last Will and That they subscribed their names at the end of said will as attesting witnesses thereto at the request of the said PRESERVED SALISBURY and in his presence and that at the time thereof the said PRESERVED SALISBURY was of sound mind and memory, of full age to execute a will and was not under any restraint to the knowledge information or belief of the said witnesses. And thereupon all and singular the <_______________> being considered by the said Surrogate and it being made satisfactorily to appear unto him that the aforesaid PRESERVED SALISBURY was at the time immediately previous to his death an inhabitant of the said County of SARATOGA, and it appearing moreover to the said Surrogate by the testimony before mentioned that the citation heretofore by him duly issued in manner aforesaid requiring the parties therein named to appear and attend the probate of the aforesaid instrument hath been duly served in manner before mentioned on all the parties required by law to be served therewith. And it moreover appearing unto him that the said PRESERVED SALISBURY did execute the said annexed instrument and publish the same as his last will in due form of law, and that the same was duly attested by the witnesses whose names are thereto subscribed in the presence and at the request of the said testator. And at the time of the execution aforesaid he was of sound mind and memory and competent in all respects to execute the same. And the said Surrogate having enquired particularly into the facts and circumstances and being satisfied of the genuineness an d validity of the said will it is declared and determined by the said Surrogate that the said annexed instrument is the last will of the said deceased, by him executed and published in due form of law: And it is ordered and decreed by the said Surrogate that the same be admitted to Probate as a will of personal property: And thereupon Probate of the same is now duly granted pursuant to the statutes of the State of New York concerning wills of personal property and the probate thereof. And it is further ordered that letters testamentary thereon be granted to the EXECUTORS in the said will named after the expiration of thirty days from the time of taking the proof aforesaid, on their taking the oath of office prescribed by law. In testimony whereof the said Surrogate hath hereunto affixed his seal of office. WITNESS JOHN W. THOMPSON SURROGATE of the County of Saratoga at the Village of Ballston Spa this 21st day of December In the year of our Lord One thousand eight hundred and thirty five JOHN W. THOMPSON (SEAL) The Last Will and Testament of PRESERVED SALISBURY deceased as a will of real estate together with the proof thereof recorded December 21st 1835 Be it remembered that at a Surrogate's Court held at Village of Ballston Spa in and for the County of Saratoga on the 21st day of December 1835 before JOHN W. THOMPSON Surrogate of said County THOMAS SALISBURY and LEWIS SALISBURY two of the executors named in the last will and testament of PRESERVED SALISBURY late of the Town of Stillwater in said County deceased appeared and prayed that said will might be admitted to be proved and recorded as a will of real estate pursuant to Chapter 6th Title 1st Article 1st Part 2nd of the Revised Statutes of the State of New York and the said Executors brought said court a notice of their intention to make application to said court on the day and at the place above mentioned to have said will proved and recorded as aforesaid signed by the said Executors and directed to the heirs at law of said deceased and also affidavits of the due service upon the same upon HIRAM SALISBURY, STEPHEN BURLISS and POLLY his WIFE, DENNIS WRIGHT and SARAH his WIFE, BETSEY WRIGHT WIFE of GEORGE WRIGHT, MARIA SALISBURY and REBECCA SALISBURY and that the said HIRAM, POLLY, SARAH, BETSEY, MARIA and REBECCA are all the heirs at law of said deceased except them, the said THOMAS and LEWIS Executors as aforesaid, And thereupon upon reading and filing said notice and affidavits it appearing satisfactorily to said court that due notice of said application had been given to the heirs at law of said deceased according to the requirements of the revised statutes of the State of New York and no objection to the contrary being made it is hereby ordered by said court that the said executors have leave to proceed to the proof of said will as aforesaid. And thereupon the said will being produced to said court and shown to the subscribing witnesses thereto the proof thereof is in the words and figures following to wit COUNTY OF SARATOGA, SURROGATE COURT IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF PRESERVED SALISBURY DECEASED SARATOGA COUNTY S.S.: POWELL HOWLAND of the Town of HALFMOON in the County of SARATOGA being first duly sworn in open court on his oath doth depose and say that he is a subscribing witness to the last will and testament of PRESERVED SALISBURY late of the Town of STILLWATER in the County of SARATOGA aforesaid, deceased, And that this deponent further saith that the said deceased did in the presence of this deponent subscribe his name at the end of the instrument which is now shown to this deponent and which purports to be the last will and testament of the said deceased and which bears date on the 13th day of August in the year one thousand eight hundred and thirty five, that the said deceased did at the time of subscribing his name to said instrument as aforesaid declared the same to be his last will and testament, that this deponent did thereupon subscribe his own name at the end of said instrument now shown as an attesting witness to the execution thereof at the request of the said deceased and in his presence, 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 this deponent. That REUBEN BIDWELL the other subscribing witness to said instrument subscribed his name at the end of the same at the request of the said deceased and in his presence at the same time this deponent subscribed his name as aforesaid; and that this deponent and the said REUBEN BIDWELL respectively subscribed their names as witnesses to said instrument in the presence of each other. POWELL HOWLAND Subscribed and sworn this 21st day of December 1835 before me JOHN W. THOMPSON SURROGATE COUNTY OF SARATOGA, SURROGATE COURT IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF PRESERVED SALISBURY DECEASED SARATOGA COUNTY S.S.: REUBEN BIDWELL of the Town of STILLWATER in the County of SARATOGA being first duly sworn in open court on his own oath depose and say that he is a subscribing witness to the last will and testament of PRESERVED SALISBURY late of the Town of STILLWATER in the County of SARATOGA aforesaid, deceased, And that this deponent further saith that the said deceased did in the presence of this deponent subscribe his name at the end of the instrument which is now shown to this deponent and which purports to be the last will and testament of the said deceased and which bears date on the 13th day of August in the year one thousand eight hundred and thirty five, that the said deceased did at the time of subscribing his name to said instrument as aforesaid declared the same to be his last will and testament, that this deponent did thereupon subscribe his own name at the end of said instrument as an attesting witness to the execution thereof at the request of the said deceased and in his presence, 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 this deponent That POWELL HOWLAND the other subscribing witnesses to said instrument subscribed his name at the end of the same at the request of the said deceased and in his presence at the same time this deponent subscribed his name as aforesaid, and that this deponent and POWELL HOWLAND respectively subscribed their names as witnesses to said instrument in the presence of each other REUBEN BIDWELL Subscribed and sworn this 21st day of December 1835 before me JOHN W. THOMPSON SURROGATE And thereupon it appearing to said court upon the proof so taken that the said will was duly executed and that the testator at the time of executing the same was in all respects competent to devise real estate and not under restraint and it moreover appearing satisfactorily to said court that the said testator died on or about the 28th day of OCTOBER 1835 and at the time of his death he was an inhabitant of the Town of STILLWATER in the County aforesaid, it is hereby ordered that the said wi8ll be recorded as a will of real estate together with the proof thereof pursuant to the aforesaid provisions of the Revised Statutes which said proof is herein before recorded and the said will so ordered to be recorded is in the words and figures following, to wit: I, JOHN W. THOMPSON SURROGATE of the County of SARATOGA do hereby certify that the foregoing is a true record of the Last Will and Testament of PRESERVED SALISBURY deceased and of the proofs and examinations in relation to the execution of the same taken before me December 21st 1835 JOHN W. THOMPSON