WILL: Eldridge Havens; Palmyra, Wayne co., New York
surname: Havens, Allen

submitted by Joel Havens (joelr at buffnet.net)
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Source: FHL film # 0850032
Wayne co NY Will Book Vol. H page 384
Written: 29 Sep 1858
Probated: 8 Mar 1859

Wayne County Surrogate Court

In the matter of proving the last Will and Testament of Eldridge Havens,
deceased on the twenty eighth day of February, 1859.

Charles A Allyn are (sic) named in a certain instrument, in writing,
purporting to be the last Will and Testament of Eldridge Havens, late of
Palmyra, 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 said deceased: And thereupon the County Judge 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 Aldrich V. W. South office in Palmyra, in said County,
on the eighth day of March, 1859, to attend the probate of the said
instrument. And afterwards, to wit, on the day and at the place 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 appeared in person
with Stephen P. Seymour, coexecutor, and no other parties or persons
appearing, such proceedings were thereupon afterwards had, on the said 8th day
of March that the said County Judge took the proof in support of the said
instrument, as follows:

Wayne County, ss. G. W. Cuyler and David Gates in said County, witness is
produced in this matter, being duly sworn and examined before S. S. Ketchum,
County Judge of said County, depose and say they were acquainted with Eldridge
Havens, late of Palmyra, in said County, now deceased, and that they are
subscribing witnesses to the last Will and Testament of the said deceased. And
deponents further say that the said testator did, in the presence of these
deponents, suscribe 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 Eldrige Havens and which bears date on the twenty nineth day of
September, 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 subscribing
his name as aforesaid, at the end of said Will, declare the same to be his
last Will and Testatment; 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 of
the said testator subscribed his name to the last Will as aforesaid, and at
the time of these 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 eighth day of March 1859 before me,
S. S. Ketchum, County Judge

(signed) Geo. W. Cuyler
(signed) Daniel Gates

The foregoing Proofs and Examinations were taken before the County Judge
aforesaid, on the 28th day of March 1859, and the depositions of the
respective witnesses were by them severally subscribed, after having been
carefully read over by them. And the said County Judge 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: S. S. Ketchum, County Judge of the County of Wayne, at Clyde, in the
said County, the 8th day of March 1859
(signed) S. S. Ketchum
County Judge

WILL

The last will and testament of Eldridge Havens of the town of Palmyra, County
of Wayne and the State of New York as Follows:

I give and bequeath unto my beloved wife, Prudence, the sum of one thousand
dollars together with all my household furniture and stuff, to be hers
absolutely. I also devise her during her natural life, the dwelling house and
that long and now occupied by me with the hereditaments and appurtenances
whereto belonging.

The residue of my property of every nature, I give, bequeath and devise to my
daughter, Ann M. Allen, her heirs and assigned forever, including remainder
divised to my said wife.

I hereby nominate and appoint, Stephen P. Seymour and my grandson, Charles
Allen, executor of this my last will and testatment.

In witness whereof, I have hereunto set my name and seal this twenty nineth
day of September A. D. 1858

Eldridge Havens (L. S.)

The above instrument consisting of one sheet was on the day of its date,
executed by the testator, Eldridge Havens, in our presence and was by him then
declared to be his last will and testament; And we, at his request, have
subscribed our names, as witnesses in the execution thereof.

G. W. Cuyler of Palmyra, Wayne Co., N.Y.
Daniel Gates of Palmyra, Wayne Co., N.Y.

Wayne County s. s.

It appearing upon proof, being duly taken in respect of the last will and
testament of Eldridge Havens, late of Palmyra, Wayne County, deceased, that
the same is genuine, valid and was duly executed and that said testator, at
the time of executing the same was in all respects competent to devise real
estate and not under restraint, said will, proofs and examinations are hereby
approved, allowed and recorded this eighth day of March 1859, pursuant to the
statute in such case made and provided.

S. S. Ketchum
County Judge