WILL: Robert McCollum; Manchester, Ontario co., NY surname: McCollum, Galusha submitted by Johnna St Clair (gjclair at optonline.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 18, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 14.1 Kb ************************************************ Source: Copy Of Original Document Wayne co NY Will Book Vol. B page 149 Written: October 14, 1831 Recorded: May 9, 1836 In the matter of the Personal Estate of Robert McCollum, deceased Oath of executor - Filed May 9, 1836 State of New York Wayne County SS: I do swear, that I will faithfully and honestly, discharge the duties of Executor of the last Will and Testament of Robert McCollum deceased. Sworn and subscribed this ninth day of May 1836 before me Robert L. McCollum Lyman Sherwood, Surrogate The people of the state of New York:- To the widow and next of kin to Robert McCollum, late of the Town of Sodus, in the County of Wayne, and state of New York, deceased. Whereas, Robert L. McCollum, one of the Executors named in the last will and testament of the said Robert McCollum, deceased, has this day offered the said will for probate before Lyman Sherwood, Surrogate of said County of Wayne, you are therefore hereby cited to appear before the said Surrogate, at the office of the said Surrogate in town of Arcadia in the said County, on the 12th day of October next, at ten o'clock in the forenoon, to attend the probate of the said will. Given under the hand an official seal of the said Surrogate, at Arcadia, in said county, the fifth day of September, 1835. Lyman Sherwood, Surrogate State of New-York, Monroe County SS: Luther Tucker, being duly sworn, says, that he is the publisher of the 'Rochester Republican,' a public newspaper printed in the city of Rochester, in said county; and that a copy of the annexed printed notice was inserted in said newspaper, and published therein for two weeks successively, commencing on the eighth day of September one thousand eight hundred and thirty five. Luther Tucker Subscribed and sworn to before me this 10th day of October 1835. Jacob Gould, Mayor of the City of Rochester The people of the State of New York: To the widow, and next of kin, to Robert McCollum late of the town of Sodus in the County of Wayne and State of New York deceased. Whereas Robert L. McCollum, one of the executors named in the last will and testament of the said Robert McCollum deceased has this day offered the said will for probate before Lyman Sherwood Surrogate of said County of Wayne. You are therefor hereby cited to appear before the said Surrogate, at the office of the said Surrogate, in the Town of Arcadia in the said county on the 12th day of October next, at ten o'clock in the forenoon, to attend the probate of the said will. Given under the hand an official seal of the said Surrogate, at Arcadia in said County this fifth day of September 1835. Lyman Sherwood Surrogate Wayne County SS John Baxter of said County being duly sworn says that he served a copy of the foregoing Citation personally on Susan Knapp, Esther Galusha, Susan McCollum on the eleventh day of September of last past, by delivering to each of said persons a copy of said Citation. Subscribed and sworn this fifth day of October 1835, before me Lyman Sherwood Surrogate. John Baxter in the matter of the probate of the will of Robert McCollum deceased citation and affidavit of service. Filed October 5th 1835 *** The last will and testament of Robert McCollum of Manchester county of Ontario and state of New York. I Robert McCollum considering the uncertainty of this mortal life and being of sound mind and memory do make and publish this last will and testament in manner and form following that is to say. First I give and devise unto my sons Joel, Robert L., Hiram and Nathaniel H. all and every my messuages, lands, tenements and hereditaments, with the appurtenances, whereof I am seized fee, situate and Manchester aforesaid or elsewhere. To have and to hold all and every the messuages, lands, tenements, and hereditaments with all the appurtenances to them the said Joel, Robert L., Hiram and Nathaniel H. My Sons aforesaid, their heirs and assigns aforesaid. The same to be divided equally between them, or to be held jointly as may hereafter elect and agree, and in such manner if divided, as they may mutually adopt. Second, I give and devised to my daughter's Polly Streeter, Ann Scoville, Susan Knapp, Hitteann Sprague, and Esther McCollum to each and every of them severally, the sum of $50 and, over and above all sums of money or any property of whatever kind or nature which they or anyone of them, or any of them, may have received as at my death, and prior thereto. To my daughter Rebecca Willard I give and divise nothing in and buy this will and testament as she has already had and received her portion of my estate, accepted of the same in full discharged of all claim or claims which she has or may have upon my estate. In relation to my wife Susan I make this further provision that if one third part of my estate which she may receive and inherit as her dower, shall not at all times be sufficient for her comfortable support and maintenance that then and in that case, she shall be supported and maintained by my sons Joel, Robert L. Hiram and Nathaniel H. equally, each bearing a like proportion of the expense, and this in consideration of the gifts and bequests to them made in and by this my last will and testament, and that at her decease the said one third part of my estate which she may have held possessed and enjoyed as her dower after my decease, I hereby give and devise to the said Joel, Robert L., Hiram, and Nathaniel H. my sons aforesaid, their heirs and assigns forever. And I further will, of order, and direct, that my daughter Esther McCollum, so long as she shall remain single and unmarried, and no longer shall receive her reasonable and necessary support and maintenance from my estate after my wife Susan shall have received her dower and necessary support and maintenance as before provided, and the respective legacies of $50 to my daughters Polly, and, Susan, Hitteann, and Esther, shall have been paid off and satisfied and all my debts paid, and necessary expenses in relation to the settlement of my estate, payment of debts, and funeral and other necessary expenses paid and settled. Thirdly, I hereby give been devise to my son's Joel, Robert L., Hiram, and Nathaniel H., all my residuary estate both real and personal of every kind or nature whatsoever which shall be and remain after the payment and settlement of my debts, and the paying and defraying of all necessary and incidental expenses in settling my estate, and as funeral expenses or otherwise, & after the payment of the respective legacies of $50 each to my several daughters, Polly, Ann, Susan, Hitteann and Esther, and after the of apportionment of my dower to my wife Susan. And lastly I hereby appoint and constitute my sons Joel McCollum, Robert L. McCollum, Hiram McCollum executors of this my last will and testament hereby revoking all former and will by me made. In witness whereof I have hereunto set my hand and seal this 14th day of October 1831 signature of Robert McCollum Signed, sealed, published and declared by the above named Robert McCollum to be his last will and testament in the presence of me who have hereunto subscribe our names as witnesses in the presence of the testator Jno. C. Nash of Rochester, NY Hestor Stevens of Rochester, NY ======================================================== My son Nathaniel H. named in the within will having died since the making thereof I do as a codicil thereto give devise and bequeath to my sons Joel, Robert L., and Hiram all the property within devised and bequeathed to my said four sons within named in case the widow of my said deceased son Nathaniel H. shall bear no child born by him begotten. And if she shall bear a child born by him begotten then I give devise and bequeath to such child one-fourth part of the property within devised and bequeathed to my said son Nathaniel H. and the remainder to my three surviving sons above named. In witness whereof I have hereunto set my hand and seal this third day of September 1833. signature of: Robert McCollum signed and sealed and published by the said Robert McCollum and declared to be a codicil to his last will and testament in presence of us who have hereunto subscribed to our names as witness and in presence of the said testator Frederick Whittlesy Brighton, Monroe co., NY George A. Mumford, Gates, Monroe Co, NY Wayne County Surrogate office SS I Lyman Sherwood Surrogate of the County of Wayne do hereby certify that the foregoing will and codicil to as been admitted to probate and probate thereof was granted on the 12th day of October 1835. Lyman Sherwood Surrogate ======================================================== In the matter of the probate of the will of Robert McCollum, deceased Proof of Execution filed October 12, 1835 State of New York Wayne County SS John C. Nash of Rochester in the County of Monroe being duly sworn says that he was present at a time of the execution of the instrument now shown to him this deponent and which purports to be the last will and testament of Robert McCollum deceased, bearing date the 14th day of October 1831; That the said Will was executed at the office of this deponents and Hestor Stevens in Rochester aforesaid on the day the same bears date; That the said Stevens wrote the said will, in the said office, and after the same was signed by the said Robert McCollum deceased, the said Stevens handed the said will to the deponent, and requested the deponent to subscribe his name to the said will as a witness that the said Robert McCollum deceased was present at that time; that the deponent then and there in the presence of the said Robert McCollum, subscribed his name as witness to the said will; and further that at the time of the execution of the said will, the said Robert McCollum was, in the opinion of the opponent, of sound mind and memory of full age and not under restraint. Jno. Nash Subscribed and sworn, this 12th day of October 1835 before me Lyman Sherwood Surrogate ======================================================== State of New York Wayne County SS George H. Mumford of Rochester in the County of Monroe being duly sworn deposes and says, that Robert McCollum deceased subscribed his name to the instrument now shown to this deponent, and which purports to be a codicil to the last will and testament of the said Robert McCollum deceased, bearing date the third day September one thousand eight hundred and thirty three; and that he heard the said Robert McCollum deceased declare the said codicil to be a codicil to his said last will and testament and that he the deponent did subscribe his name thereto as a witness, at the request of the said Robert McCollum, and in his presence; and further at the time thereof the said Robert McCollum was of sound mind and memory, of full age and not under restraint. George H. Mumford subscribe and sworn this 12th of October 1835 before me Lyman Sherwood Surrogate ========================================================== In the matter of the probate of the Will of Robert McCollum afft. of death &c. filed September 5. 1835 Wayne County SS Robert L. McCollum of Rochester, in the County of Monroe being duly sworn says that Robert McCollum died at Sodus in the County of Wayne, in the month of February last past, that the said Robert McCollum was a resident of the County of Wayne at the time of the death; that Joel McCollum of Lockport in the County of Niagara, Rebecca Randall wife of Willard Randall of the state of Ohio, Mary Streeter wife of Ethan Streeter of the state of Ohio and, the deponent, Ann Scovel, the wife of Halsey Scovel, of Cambray in the Count of Niagara, Susan Knapp, the wife of Lindon A. Knapp of Sodus in the County of Wayne, Hiram McCollum of the City of New York, Hitteann Sprague the wife of Michael Sprague of the State of Ohio, Esther Galusha the wife of Abraham I. Galusha of Sodus in the County of Wayne and the next of kin to the said deceased. signature of Robert S. McCollum Susbscribed and sworn this 5th day of September 1835, before me Lyman Sherwod Surrogate ========================================================== In the matter of the probate of the will of Robert McCollum deceased filed October 12, 1835 afft. of safe keeping Wayne County SS: Robert L. McCollum of Rochester in the County of Monroe being duly sworn says, that and the paper now offered for probate, bearing date the 14th day of October 1831, contains, as the deponent believes, the last will and testament of Robert McCollum late of the Town of Sodus in the County of Wayne deceased. that the deponent, about the time of the said will bears date, heard the said Robert McCollum deceased say that he had executed his will, and left it with Abraham M. Schemahorn of Rochester. That the deponent obtained the said will from Hiram McCollum, his brother, on the 13th day of February last past or thereabouts, and since the death of the said deceased; that the said will was done up in a paper envelope and sealed, at the time the deponent obtained it, and directed to be delivered to the order of Joel McCollum, Robert L. McCollum and Hiram McCollum; that after the deponent obtained the said will as aforesaid and he kept the same safely and securely in his possession until he delivered the same to Vincent G. Barney on the 27th day of July last, to be delivered by the said Barney to the Surrogate of the County of Wayne. That the deponent was that the office of the said Surrogate on the fifth day of September last past, and saw the said will in the possession of the said Surrogate. Signature of Robert L. McCollum subscribe and sworn this 12th day of October 18th 35 before me Lyman Sherwood, Surrogate