WILL: Samuel A. Wallis; Puteney, Steuben Co., NY surname: Wallis, Stoddard submitted by Judy Hull (mmmh@voyager.net) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** Transcribed from SAMPUBCO copy by Judy Hull Steuben Co NY Will Book Vol. 7 page 241 SURROGATE'S COURT In the matter of Proving the last Will and Testament of Samuel A. Wallis Deceased. On the 29th day of January 1859 Mercy Wallis, a deviser and named in a certain instrument in writing purporting to be the last Will and Testament of Samuel A. Wallis late of Pulteney in said County, deceased applied in this court to have the said instrument, which relates to Real and personal estate proved as the last Will and Testament of the said deceased: and thereupon the Surrogate of said county did ascertain, by satisfactory evidence, the facts required by law; and did issue a Citation in due form of law, directed to the proper persons, by their respective names and stating their places of residence, requiring them to appear before him, at the court house at Bath in the town of Bath in said county, on the 21 day of March 1859 to attend the probate of the said instrument. And afterwards, to wit, on the day and at the place last aforesaid, due proof by affidavit was produced and filed in said court of the service of the said Citation, in the mode prescribed by law; and the said applicant appeared in person. Also Myron Wallis one of the heirs next of kin, and the son of said will was there on said 21 day of March 1859 taken in part, and continued till the 8th day of April 1859 to complete the same and no other parties or persons appearing, such proceedings were thereupon afterwards had, on the said eighth day of April 1859 that said surrogate took the proof in support of the said instrument, as follows: Steuben County Surrogates Court In the matter of proving the last will and testament Samuel A. Wallis deceased Steuben County, ss. Owen Riley Jr. and Sabria E. Northrup both of the town of Pulteney In said county witnesses produced in this matter, being duly sworn and examined before David McMaster Surrogate of said county, depose and say that they were acquainted with Samuel A. Wallis late of Pulteney in said County, now deceased, and that they are subscribing witnesses to the last Will and Testament of said deceased. And deponents further say that the said testator did, in the presence of these deponents and each of them subscribe his name at the end of the instrument which is now here exhibited to deponents, and which bears date on the thirty first day of Aug in the year of our Lord one thousand eight hundred and fifty eight. And deponents further say that the testator did, at the time of his subscribing his name as aforesaid, at the end of said Will, declare the same to be his last Will and Testament; and deponents and each of them did thereupon subscribe their names at the end of said Will, as attesting witnesses thereto, in the presence and at the request of said testator. And deponents further say that at the time the said testator subscribed his name to the Will as aforesaid, and at the time of these deponents subscribing their names as attesting witnesses thereto, said testator was of sound mind and memory, of full age to execute a Will, and not under any restraint. And that said Will now appears in all respects as when so executed, without any alteration whatsoever. Subscribed and Sworn this 21 day signed by Owen Riley Jr. Of March 1859, before me Sabria E. Northrup Owen Riley Jr. and on the ith day Of April 1859 by the said Sabria E. Northrup surrogate The foregoing proofs and examinations were taken before the surrogate aforesaid, on the 8th day of April 1859, and the deposition of the respective witnesses were by them severally subscribed, after having been carefully read over to them. And the said Surrogate being satisfied upon the proof taken, that the Will is genuine and valid, and was duly executed; and that the said testator, at the time of executing the same was in all respects competent to devise real estate and not under restraint, doth therefore allow the said Will, proofs and examinations to be recorded. Witness: David McMaster Surrogate Of the County of Steuben at the court house at Bath in said County The 8th day of April 1859 Signed D McMaster Surrogate Pg.242 hand written The last will and testament of Samuel A. Wallis of the town of Pulteney County of Steuben and State of New York. I Samuel A. Wallis being of sound and disposing mind and memory, do make publish and declare this my last will and testament as follows; Firstly. I give and bequeath to Mercy Stoddard now Mercy Wallis, the entire use and accupancy free from molestation or hindrance of any one, the following described premises (towit) are of lot number fourteen in the north part of the town of Pulteney, county of Steuben, always excepting and ______________ , between forty four and forty five acres of the north east part of said lot, as hers to use and to James Pierce, for and during her natural life and no longer. Secondly, After the decease of the said Mercy Stoddard now Mercy Wallis, I do give and devise to my son Willard Wallis, his heirs and assigns, all that tract or parcel of land, situated in the north part of the town of Pulteney, county of Steuben and being all of lot number fourteen, always excepting and __________ between forty four and forty five acres off of the north east part of said lot, as heretofore described James Pierce, together with all the hereditance and appertenances thereunto belonging or in any wise appertaining, to have and hold the premises above described to the said Willard Wallis his heirs and assigns forever - And Thirdly, I give and bequeath all my personal estate goods and cattel of what nature or kind to said Mercy Stoddard, now Mercy Wallis with the exception of three hundred dollars of the same which I give and bequeath to my said son Willard Wallis, after the decease for the said Mercy Stoddard now Mercy Wallis, and not until then. And Lastly, I do hereby nominate constitute and appoint Elisha Doubleday, sole executor of this my last will and testament, hereby evoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this thirty first day of July in the year of our Lord one thousand eight hundred and fifty eight S. A. Wallis (seal) The above instrument was signed sealed published and declared by the testator Samuel A. Wallis to be his last will and testament in the presence of us who at his request and in his presence, and in the presence of each other signed our names as witnesses thereto Owen Riley Jr. Pulteney Steuben Co. Sabria E. Northrup Pulteney Steuben Co.