WILL: Coeleus E. Crosby; Galen, Wayne co., New York
surname: Crosby, Otto, Stephens

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Source: sampubco.com
Wayne Co, New York, Will Book Vol F, page 204
Written: 24 Jun 1852
Probated: 20 Aug 1852

Wayne County Surrogates Court
In the matter of proving the last will and testament

Coeleus E Crosby deceased

On the 20h day of August 1852 Wells IL Stevens an executor named in the
certain instrument in writing purporting to be the last will and testament of
Coeleus E Crosby late of Galen in said county, deceased, applied in this court
to have the said instrument, which relates to both real and personal estate
proved as the last will and testament of the said deceased: And thereupon the
county judge of said county did ascertain, by satisfactory evidence the facts
required by law; and did give a citation in due form of law directed to the
proper persons by their respective names and status, their places of
residence, requiring them to appear before him at his office in Clyde in said
county on the 4th day of October 1852 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 the said Court of the service
of the said citation in the mode prescribed by law: And the said applicant
appeared and also all the heirs and next of kin appeared in person and no
other parties or persons appearing such proceedings were thereupon afterwards
had on the said 4th day of October that the said County judge took in proof in
support of the said instrument as follows:
County of Wayne:

William Van Marten and Thomas Beadle of Lyons in said county witnesses
produced in the matter being duly sworn and examined before L.S. Ketchum
County Judge of said county deponent and say that they were acquainted with
Coeleus E. Crosby late of Galen in the said County, now deceased and that they
are subscribing witnesses to the last will and testament of said deceased. And
deponed further to say that the said testator did in the presence of their
deponents subscribe his name at the end of the instrument which is now here
exhibited to deponents and which purports to be the last will and testament of
the said Coeleus E. Crosby and which bears date on the 24th day of June in the
year of our Lord one thousand eight hundred and fifty-two. And deponents
further say that the said testator did; at the time of subscribing his name as
aforesaid, at the end of said will, declare the same to be his last will and
testament; and deponents 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 last 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 to this 4th day of October 1852 before me Leander S
Ketchum County Judge
                              William Van Marten
                              Thomas Beadle
The foregoing proofs and examinations were taken before the County Judge
aforesaid, on the 4th day of October 1852 and the depositions of the
respective witnesses were by them severally subscribed after having been
carefully read over to them. And the said Judge being satisfied upon  the
proof taken that the said will is genuine and valid and was duly executed:
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: Leander S Ketchum County Judge of the County of Wayne at Clyde in
said County the 4th day of October 1852
Leander S. Ketchum, County Judge

Will

The last will and testament of Coeleus E Crosby of Galen in Wayne County and
State of New York:
I, C.E.Crosby considering the uncertainty of this mortal life and being of
sound mind and memory (blessed be Almighty God for the same) do make and
publish this my last will and testament in manner and form following that is
to say:
                    First
I give and devise to my well beloved wife Ann Crosby the use and full and
absolute control after my death of one half of my farm situated in Galen
aforesaid, which farm, I direct shall be divided by a line through the same in
a northerly and southerly direction by starting at the center of the south end
of the farm and thence to the center of the north end of the farm thereby
allotting to my said wife the east half thereof with the orchard, buildings
and appurtenances to be used occupied and controlled by her during her natural
life. And which I give to her in lieu of dower in said lands.
I also give and bequeath unto my said wife the full use occupancy and control
of all my furniture & wearing apparel and her wearing apparel during her
lifetime. Also I give to her all silver spoons marked "I.R.S.' to have and to
hold the same absolutely and forever.

And I also further will and direct that my said wife after my decease shall
have to use occupy and control during her natural life  a good milk cow which
I may have on the farm at my decease and if a silver spoon marked "EC" or "MC"
shall be in my house or owned by me at my decease. I direct that shall my said
wife shall have the use thereof during her natural life and after her death I
give and bequeath said spoon to my daughter Elizabeth Jane Otto forever.
And I also give and bequeath unto my daughter Elizabeth Jane Otto and Nancy
Ann Stephens and their heirs forever all the household furniture and clothing
left by me at my decease to be had by them after the decease of my wife Ann
Crosby.

And I also give devise and bequeath to my four children Nancy Ann Stevens,
Elizabeth Jane Otto, Thomas Jefferson Crosby, and James Monroe Crosby and
their heirs forever the whole of my real estate being the farm which I own and
now occupy in Galen aforesaid, to be divided equally between them or the heirs
of them to have and to hold the same to them and theirs forever saving and
reserving to my said well beloved wife the east half thereof before mentioned
which in case she survives me she is to use and occupy during her life and
which east half is not to be divided and allotted among my heirs aforesaid
till after my said wife's death.

And I also further will and direct that my said children above named shall
apply all my personal property other than what is herein given to my said wife
to the payment of my debts and funeral expenses and expenses of
administration. And that if the same shall be insufficient to pay my debts I
direct that my real estate hereby divised shall be charged with the payment
thereof; the west half if my wife shall survive me and the whole if she dies
before my decease.

And if there shall be more personal property than is required for the payment
of debts, I give the same to my said four children and their heirs forever to
be equally divided among them or their heirs.
And I give nothing to my son William M Crosby he having received moneys of me
and he is now being in my debt.

And lastly I hereby appoint my said wife Ann Crosby, Ebenezer Austin and
W.I.L. Stevens executors of this my last will and testament hereby revoking
all former wills by me heretofore made.

In witness whereof I have hereunto set my hand and affixed my seal this 24thday of June in the year of our Lord one thousand eight hundred and fifty two.
                              Coeleus E. Crosby

The above instrument consisting of one sheet of paper was now here subscribed
by Coeleus E. Crosby, the testator in the presence of each of us and was at
the same time declared by him to be his last will and testament and we at his
request sign our names hereunto as attesting witnesses
     William Van Marten residing in Lyons, Wayne Co. NY
     Thomas Beadle          "       "       "       "

Wayne Co: It appearing upon the proof duly taken in respect to the last will
and testament of Coeleus E. Crosby late of Galen in said County deceased that
said will is genuine and valid and was duly executed and that said testator at
the time of executing the same was in all respects competent to execute a will
and not under restraint. The said will, proofs, and examinations are hereby
recorded signed and certified by me in accordance with the provisions of the
Revised Statutes in such case made this 4th day of October 1852
                         Leander S. Ketchum, County Judge