WILL: Benjamin Salisbury; Fort Ann, Washington co., NY surname: Salisbury, Gilbert, Wiggins, Wood 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: 6.1 Kb ************************************************ Source: Sampubco.com Washington co NY Will Book Vol. E page 422 Written: June 1843 Recorded: April 16, 1852 Will of BENJAMIN SALISBURY of FORT ANN, WASHINGTON, N.Y. SALISBURY, BENJAMIN FORT ANN, WASHINGTON, NY-58-E-422 Signed: JUNE 1843 Recorded: 16 APRIL 1852 Testimony: 24 MARCH 1852 Wife and Executrix: SOPHIA Youngest Son: BENJAMIN WARREN SALISBURY Son or Sons: Unnamed Surrogate: DAVID A. BOIES Witnesses: EPHRAIM L. WOOD , removed to ILLINOIS before 24 MARCH 1852 RICHARD A. WIGGINS , removed to MICHIGAN before 24 MARCH 1852 HIRAM B. GILBERT of KINGSBURY, WASHINGTON, N.Y.; ( GUARDIAN of minor son BENJAMIN WARREN SALISBURY; He also gave testimony on 24 MAR 1852 ) BENJAMIN SALISBURY'S WILL: In the name of God, Amen. I, BENJAMIN SALISBURY of the Town of FORT ANN County of WASHINGTON and State of NEW YORK do make and declare this my Last Will and Testament in manner and form following: FIRST: I resign my soul into the hands of Almighty God hoping and believing in a remission of my sins by the acts and redirection of Jesus Christ, and my body I commit to the Earth to be buried at the discretion of my EXECUTRIX hereineafter named and my worldly Estate As follows: FIRST: I give and devise unto MY DEAR BELOVED WIFE SOPHIAH and my Youngest Son BENJAMIN WARREN SALISBURY all and my <______ge> lands tenements <___________> with the <______________> < as whereof I am seized in for > situate lying and being in the Town of FORT ANN County of WASHINGTON and State of NEW YORK being the farm on which I now reside to have and to hold all and every the said Tenement Lands and <_______________> with all the <_______________> equally between my said WIFE SOPHIA and my said SON BENJAMIN WARREN SALISBURY for and during the time of her my said wife's natural life and from and after the decease of her my said wife the said lands, <______________> and tenements with the <_______________> thereof I do hereby give and bequeath to my said SON BENJAMIN WARREN SALISBURY his heirs and assigns forever. Also I give and bequeath unto them my said WIFE SOPHIA and my said SON BENJAMIN WARREN SALISBURY all my personal estate whatsoever and wheresoever of what nature <______> quality soever unto them, their executors, administrators and assigns. And I do hereby constitute and appoint MY SAID WIFE SOPHIA SOLE EXECUTRIX of this my Last Will and Testament. And I do hereby commit the GUARDIANSHIP of MY SON BENJAMIN WARREN SALISBURY until he shall attain the age of twenty one years unto my said WIFE during her natural life if she shall so long continue my widow and from and after her decease or second marriage unto my TRUSTY FRIEND HIRAM B. GILBERT HIS EXECUTORS AND ASSIGNS and do hereby declare that the expenses of the maintenance and education of my said CHILD until he shall attain the age aforesaid shall be paid and borne by my said WIFE by and out of the money and estate given and bequeathed to them and by this my Will. BENJAMIN SALISBURY (his seal) Signed, sealed, published and declared by the testator as and for his Last Will and Testament in presence of us who at his request in his presence and in presence of each other have subscribed our names as witnesses thereto. Note the word "Sophia" in the twelfth line underlined before signing H. B. GILBERT RICHARD A. WIGGINS E. L. WOOD TESTIMONY County of WASHINGTON SURROGATE'S COURT In the matter of proving the Last Will and Testament of BENJAMIN SALISBURY late of FORT ANN in said County deceased WASHINGTON COUNTY S. S. HIRAM B. GILBERT of KINGSBURY in said County being first duly sworn being first duly sworn in open court deposes and says that he was acquainted with the above named BENJAMIN SALISBURY in his lifetime and that he was present and saw him subscribe his name at the end of the instrument in writing now produced and exhibited to him Purporting to be the Last Will and Testament of the said deceased. That the said deceased at the time of subscribing his name as aforesaid published and declared the said instrument to be his Last Will and Testament in the presence of this deponent and of RICHARD A. WIGGINS and EPHRAIM L. WOOD the other subscribing witnesses and of each of them and this deponent and the other subscribing witnesses at the request of the said deceased and in his presence and in presence of each other, subscribed their names respectively thereto as witnesses to the execution thereof. The said Will was executed by the said testator in JUNE 1843. This deponent is acquainted with the said WIGGINS and WOOD and saw them subscribe their names as witnesses to said Will and that both the said WIGGINS and the said WOOD have removed out of the State of NEW YORK and are not now within the jurisdiction of this state. The said WOOD resides in ILLINOIS and the said WIGGINS resides in MICHIGAN as deponent is informed and believes truly. That at the time of the execution thereof the said deceased was a citizen of the United States, above the age of twenty one years, of sound disposing mind and memory and not under any restraint to the best of the knowledge information and belief of this deponent. HIRAM B. GILBERT Sworn this 24th day of MARCH A.D. 1852 before me D. A. BOIES, SURROGATE STATE OF NEW YORK WASHINGTON COUNTY SURROGATE'S OFFICE, S.S. I, DAVID A. BOIES, SURROGATE OF THE said County do hereby certify the foregoing to be a correct Record of the Last Will and Testament of BENJAMIN SALISBURY late of the Town of FORT ANN in said County deceased and of the testimony taken by and before me on proving said Will as a will of Real and Personal Estate. Recorded APRIL 16TH 1852 D. A. BOIES SURROGATE