WILL: Daniel Shoemaker;  Nichols, Tioga co., NY 
surname: Shoemaker, Broadhead, Nyce, Ross

submitted by Bruce Collier (mgbcollier at @charter.net) 
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Submitted Date: August 30, 2004
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Source: Sampubco, 
Tioga co NY Will Book Vol. 8 page 128
Written: January 19 1825
Recorded: October 7 1826

Daniel Shoemaker Will

I, Daniel Shoemaker of the town of Nichols in the County of Tioga and State of
New York being of sound and perfect mind and memory (blessed to God for the
same) do make and publish this my last Will and Testament in manner and form
following (that is to say) I do give and bequeath and direct unto my 
eldest son, Benjamin Shoemaker the lot of seven acres of land with the
gristmill and appurtenances and as should belonging, lying in the State of
Pennsylvania being the same as which my said son now resides, and which I
purchased of Daniel Hin, for and during his natural life, for the support and
maintenance of his family and after his decease I give, bequeath and deed the
same equity among the heirs of my son Benjamin and to his assigns forever.

I do give and bequeath unto my daughter Hannah, the widow of Samuel Broadhead
the sum of five dollars to be paid her by my Executors in one year after my
decease as a small remembrance, she having previously received her full share
of my estate.

I do give and bequeath into my daughter Elizabeth, wife of George W. Nyce and
to her heirs and assigns forever the sum of one thousand six hundred and fifty
dollars (to be paid in the manner foregoing, that is the sum of three hundred
dollars to be paid in three years after my decease and the further sum of
three hundred dollars annually upon each subsequent year for four years
thereafter, and the last payment of one hundred and fifty dollars to be made
in one year there from together with lawful interest. Annually upon the
(_____) from the time of two years after my decease I do give and bequeath to 
my son John Shoemaker the sum of five dollars as a small remembrance, he
already having received his full and ample share of my estate.

I do give, bequeath and deed unto my son, Elijah Shoemaker the following
pieces or parcels of land situated in the town and County aforesaid in a tract
called Hooper's Patent. First piece being part of lot number five in said
Patent: Beginning at a heap of stones in the south east corner of said lot
adjoining lot number four then north eighty-eight degrees west along the north
line of lot number four; forty-seven chains & sixty-four links to a stone on a
ridge then north twenty degrees east twelve chains and ninety-five links along
said ridge to a stake; then north eighty-five degrees west twenty-eight chains
& fifty links to the Susquehanna River the up said river to the northwest
corner of lot number five aforesaid; then south fifty-six degrees & thirty
minutes east as the same was originally surveyed, and thirty-two chains and
twenty links to a stone on a ridge, thence south twenty degrees west
eighty-three links; then south forty-six degrees east twenty chains and fifty
links to the middle of the highway along said lot; then north twenty degrees
east two chains along said highway; then south eighty-four degrees and fifteen
minutes east twenty-one chains  or thereabouts to the east line of said lot,
then southerly along said east line eighty chains and twenty-five links to the
place of beginning, one hundred & eight acres by the same more or less. The
second piece being part of lot number six in said Hooper's Patent beginning at
the Susquehanna River in the southwesterly corner of said lot, then south
fifty-six degrees and thirty minutes east along the northerly bounds of lot
number five thirty two chains and twenty links to a stone corner on a ridge,
then north thirty six degrees east eight chains and thirteen links to the
stake on a ridge, then north fifty degrees west about twenty eight chains to a
white oak tree near the bank of said river. Marked thence down said river as
it runs to the place of beginning, containing twenty-one acres of land, more
or less. Third piece being the south half of lot number eight in said Patent
containing one hundred and twelve acres and one quarter, be the same more or
less as surveyed by Joshua Ferris, Esquire in May 1814.

Also one other piece of land being part of lot number ten in said Patent being
the middle part of said lot containing seventy acres and ninety eight ( .) and
by the same more or less, bounded on the west by the river and a cut for
Nicholas Shoemaker, north and south by the north and south bounds of said lot 
number ten and east by a line run across said lot for the west bounds of
seventy acres and twenty (  ) run off for my son Daniel McDowell Shoemaker as
the same as has been surveyed by the said Joshua Ferris to hold to him my said
son Elijah Shoemaker the said second and respective pieces or parcels of land 
described as aforesaid and to his heirs and assigns forever subject to the
payment of such part of the lands? contained in this my last will and
testament, as I have herein after directed.

I do give, bequeath and deed to my son Nicholas Shoemaker the following lots,
pieces and parcels of land in Hooper's Patent aforesaid, to wit lot number
five on which he now resides containing two hundred fifty one and a half
acres, be the same more or less. Also the one hundred acres off the west end
of lot number ten in said Patent as the same as has been surveyed and
described by Joshua Ferris. Sixty four acres part of said lot number four I
gave and conveyed to my son John in September 1809 and the same (in
consequence of a family agreement) was conveyed by said son John to my said
son Nicholas by Deed bearing date the ninth day of December 1813. I do further
give, bequeath and deed to my said son Nicholas, one other piece of land being
part of lot number five in said Patent Beginning at the Susquehanna River in
the northwest corner of lot number four above mentioned then South eighty
eight degrees east as the same was originally laid out twenty three chains and
sixty-six links to a stone on a ridge then north twenty degrees east seven
chains and ninety five links to a stake on the west side of said ridge: thence
north eighty five degrees ,west twenty eight chains and fifty links to said
river, then down the same as it runs to the place of Beginning containing
twenty two acres of land more or less: So does to him my said son Nicholas the
then above described pieces or parcels of land and to his heirs and assigns 
forever ( .) to the payment of each part of the ( .) bequeathed in this my
last will and testament as I shall herein after direct.
     
I do give, bequeath and divest to my son Daniel McDowell Shoemaker the
following pieces or parcels of land in Hooper's Patent aforesaid (viz) In lot
number six whereon I now live (excepting about twenty-two acres adjoining to
lot number five set off and described for Elijah Shoemaker) containing in the
remainder of said lot one hundred and sixty-one acres more or less one other
piece being part of said lot number five beginning at a stone on a ridge then
South eighty-eight degrees east forty chains and thirty-two links to the north
east corner of said lot number five, then south two degrees west twelve chains
and thirty-five links to a part of said lot number six set off for Elijah
Shoemaker, then north eighty-four degrees and fifteen minutes, west about
twenty-one chains to the middle of the highway that runs across said lot
number five then south twenty degrees west two chains along said highway then
north fifty-six degrees west twenty chains and fifty links to a stake on a
ridge then north twenty degrees east eighty-three links to the place of 
beginning. Containing within said bounds thirty-six acres more or less, one
other piece being the north half of lot number eight in said Hooper's Patent
containing in said north half one hundred twelve acres and one quarter more or
less, together with seventy acres and twenty eight ( .) off the east end of
lot number ten in said Hooper's Patent, bounded east, north and south by the
out lines of said and west by a line run by the above said Joshua Ferris
on the east bounded by a part of said lot set off for the said Elijah
Shoemaker: the last a described piece or parcel of land with the 
appurtenances there unto belonging to my said son Daniel McDowell Shoemaker
and to his heirs and assigns forever subject to the same conditions as his
brothers Elijah and Nicholas reference being had to the map and survey
hereunto annexed of all the lots and pieces of land herein before mentioned
made in May 1804 which more fully describe the pieces or parcels of land that
I have herein before given and divided to each of my said sons, Elijah,
Nicholas and Daniel with each of the names thereon written.

I do give and bequeath unto my youngest daughter Anne, the wife of William 
Ross ? and their heirs and assigns forever the sum of four hundred and
eighty-five dollars, two hundred of that to be paid in one year after my
decease and the residue thereof of two hundred and eighty-five dollars to be
paid in two years after my decease. This with what I have heretofore given her
will be (in my estimation) quite equal to what have given or bequeathed either
of my other daughters.

And I do will, require and direct that my said sons Elijah Shoemaker, Nicholas
Shoemaker and Daniel Shoemaker their heirs, Executors or Administrators shall
pay or cause to be paid all my ligatus? above named, their heirs and assigns
all the above mentioned Sagacious given and bequeathed by me in this my last 
will and testament at the times and in the manner therein directed to be paid
equally by and between my said three sons each of  whom to pay one third out
of the real estate herein above given and divided to me by them respectively.

I also give and bequeath & devise to my said three sons Elijah, Nicholas and
Daniel all my personal estate and all residues & remainders of any value or
kind whatever to be equally divided between my said sons, their heirs and 
assigns agreeable to the balance thereof.

And I do give and direct that my Doctor's bills and funeral charges shall be
paid by my said three sons or their heirs in equal proportion that is each of
them to pay one-third part thereof. 

And I do further will and direct that the lane leading from my son Elijah
Shoemaker's House to the main high road shall be kept open for a road or
passage for my children and their heirs forever. And I further will and direct
that the road which I have opened from the main highway through lot number
four and extending back through lots number eight and ten shall be kept and
continued open for the use of a road for my three sons Elijah, Nicholas and
Daniel and their heirs and assigns forever.

And where I have obtained a patent from the Commonwealth of Pennsylvania for
ninety-four acres and one hundred thirty-three  parcels ? of land lying in the
town of Windham in the County of Bradford bearing date of the ninth day of
November eighteen hundred and twenty-five and the seven acres of land 
which I have herein before deeded to my son Benjamin Shoemaker as included in
the above patent of land now I do give, bequeath and direct to my said son
Benjamin and the residue of said patent excepting two small pieces separated
there from which I have heretofore agreed to convey to Samuel Bastow & Petty
Johnson, to hold for my son Benjamin for and during his natural life for the
support and maintenance of his family and after his decease I give, bequeath
and direct the same to my son Benjamin's children to be equally divided among
them and to their heirs and assigns forever.

And I do hereby constitute and appoint my son Elijah Shoemaker, my son
Nicholas Shoemaker and my son Daniel McDowell Shoemaker Executors of this my
last will and testament hereby revoking and annulling all former and other
wills by me at anytime heretofore made.     In witness whereof I have hereunto
set my hand and seal this nineteenth day of January eighteen hundred and
twenty five.

Daniel Shoemaker  {S & S}

Signed, sealed, published and declared by the above named Daniel Shoemaker
To be his last will and testament in the presence of us who have hereunto 
subscribed our names as witnesses in the presence of the testator.
                              Frances Conyer
                              John Everett
                              Emanuel Conyer

Codicil

I, Daniel Shoemaker and named herby, having erased six lines in my above last
will and testament on the first page thereof between the nineteenth and
twenty-sixth lines from the top and having since been advised that to alter
any part per (  .) plantation (?) might be production of disputes hereafter, I
the above named testator do therefore codify and acclaim that the part I had
named as a legacy to my eldest son, Benjamin Shoemaker, his heirs and assigns
has died and that it was erased by me in consequence of the legacy having been 
paid to the heirs of my said son, Benjamin Shoemaker who is now dead. In
witness to the testator do hereunto set my hand and seal this fourth day of
August, eighteen hundred and twenty nine. In the presence of these witnesses,
I hereon seal the words of the legacy was part attained.

                              Frances Conyer
                              H    Conyer
                              Emanuel Conyer