WILL: Enos S. Davis; Macedon, Wayne co., New York
surname: Davis, Slocum, Jinnings, Jacobs

submitted by Terrill Hayes (thayes at ncia.com)
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Source: Wayne co NY Will Book vol. I page 514
Written: 29 Mar 1862 (29th of 3rd month of 1862, Quaker style)
Probated: 31 May 1862

Wayne County Surrogate's Court
In the matter of proving the }
last will and testament }
of Enos S. Davis late of the }
town of Macedon in the }
county of Wayne, deceased }

Be it remembered that heretofore to wit: on the thirty first day of May in the
year one thousand eight hundred and sixty two Elizabeth S. DAVIS executrix
named in the last will and testament of Enos S. DAVIS late of the town of
Macedon in the said County of Wayne, deceased, appeared in Open Court before
the Surrogate of the said county of Wayne, and made application to have the
said last will and testament which relates to real and persona estate proved:
and on such application the said Surrogate did ascertain by satisfactory
evidence who were the heirs and next of kin of the said testator, and their
respective residences; and all of them appearing to be of full age the said
Surrogate did thereupon issue a citation in due form of law, directed to the
said heirs and next of kin by their respective names stating their respective
places of residence, requiring them to appear before the said Surrogate at his
office in Lyons in said county, on the twenty eighth day of July then next to
attend the probate of said will. And afterwards to wit: on the said twenty
eighth day of May 1862 satisfactory evidence by affidavit was produced and
presented to the said Surrogate of the service of the said citation in the
mode prescribed by law: and on that day the applicant appeared in person and
no one appearing to oppose the probate of such will such proceedings were
thereupon afterwards had that the said Surrogate took the proof of said will
hereinafter set forth, upon the twenty eighth day of May in the year one
thousand eight hundred and sixty two: and the said Surrogate being satisfied
upon the said proofs taken, that the said 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, did
adjudge the said will to be a valid will of real and personal estate and the
proofs thereof to be sufficient and did allow the said will, proofs and
examinations to be recorded which said proofs and last will and testament are
as follows, that is to say:

Proofs

County of Wayne Ss: Alexander PURDY of the town of Macedon in the County of
Wayne being duly affirmed and examined before Lyman SHERWOOD Surrogate of the
said County of Wayne, deposeth and saith, that he was well acquainted with
Enos S. DAVIS in his life time and was present and saw the said Enos S. DAVIS
subscribe his name at the end of the instrument in writing now produced and
shown to this affirmant bearing date the twenty-ninth day of March 1862
purporting to be the last will and testament of the said Enos S. DAVIS
deceased. That the said Enos S. DAVIS at the time he so subscribed it declared
the said instrument to be his last will and testament, and requested this
affirmant and John WILLITTS of Macedon aforesaid to subscribe their names as
witnesses to the execution thereof. Thereupon this affirmant and the said John
WILLITTS in obedience to said request accordingly subscribed their names as
witnesses at the end of said instrument, in presence of the said Enos S. Davis
and of each other. This affirmant further saith that the said Enos S. DAVIS at
the time he so executed the said instrument was a citizen of the United
States, an inhabitant of the County of Wayne, of full age, of sound disposing
mind and memory, in all respects competent to devise real estate and not under
any restraint. And that said will now appears in all respects as when so
executed without any alteration, obliteration or erasure whatsoever.

Affirmed this 28th day of } Alexander PURDY
July 1862 before me }

Lyman SHERWOOD Surrogate

County of Wayne Ss: John WILLITTS of the town of Macedon in the County of
Wayne being duly affirmed and examined before Lyman Sherwood Surrogate of the
said County of Wayne, deposeth and saith, that he was well acquainted with
Enos S. DAVIS in his life time and was present and saw the said Enos S. DAVIS
subscribe his name at the end of the instrument in writing now produced and
shown to this affirmant bearing date the twenty-ninth day of March 1862
purporting to be the last will and testament of the said Enos S. DAVIS
deceased. That the said Enos S. DAVIS at the time he so subscribed it declared
the said instrument to be his last will and testament and requested this
affirmant and Alexander PURDY of Macedon aforesaid to subscribe their names as
witnesses to the execution thereof. Thereupon this affirmant and the said
Alexander PURDY in obedience to said request accordingly subscribed their
names as witnesses at the end of said instrument, in presence of the said Enos
S. DAVIS and of each other. This affirmant further saith that the said Enos S.
DAVIS at the time he so executed the said instrument was a citizen of the
United States, an inhabitant of the County of Wayne, of full age, of sound
disposing mind and memory, in all respects competent to devise real estate and
not under any restraint. And that said will now appears in all respects as
when so executed without any alteration, obliteration or erasure whatsoever.
Affirmed this 28th day of } John WILLITS
July 1862 before me }

Lyman SHERWOOD Surrogate

Will

In the name of God Amen! I Enos S DAVIS of the town of Macedon in the County
of Wayne and State of New York, being of sound mind and memory do make this my
last will and testament revoking all and every prior to this date in the
manner following, that is to say:

First. For the love and regard I have for my wife Elizabeth S. DAVIS I hereby
give and bequeath the house and lot on which we now reside to my said wife
Elizabeth as her own to use and dispose of as she may deem best, said lot
being bounded by the highway on the South, the West by Ruth KNOWLES, on the
North by Asa KELLY and the East by John MURPHY. 

Secondly. I hereby authorise her my said wife to make sale if she prefers to
do so or otherwise lease the house and lot known as the HARRIS Lot lying west
of Ruth KNOWLES Lot, south by the highway, west by SERVIS land and north by
Asa KELLY.

Thirdly. I hereby give and authorize her my said wife Elizabeth, to use
sufficient of the income and and principal of all my other property of every
kind name or nature for use and support through her natural life.

Fourthly I hereby authorize her my said wife and empower her to act in
settling up my personal estate and pay my indebtedship and make collections
the same that I would do if living.

Fifthly I hereby give and bequeath unto my sisters equally, Hannah SLOCUM,
Clarissa JINNINGS and Huldah S. JACOBS, all my property that may be left
remaining at her my said wifes death, and to their heirs if they or either of
them should not be living.

Lastly. I hereby do appoint and constitute my said wife Elizabeth S. DAVIS as
my sole executor of this my last will and testament hereby revoking all
others.

In witness whereof I have hereunto set my hand and seal this twenty ninth day
of 3rd Month 1862.

Enos S. DAVIS {Seal}
Signed, sealed and testified to at the date above, above in our presence and
in the presence each other as witnesses
Alexander PURDY, Macedon Wayne County {Seal}
John WILLITS Macedon Wayne County {Seal}

County of Wayne. Recorded the preceding last will and testament of Enos S.
DAVIS deceased as a will of real of personal estate together with the proofs
taken in the Court of the Surrogate of the County of Wayne relating to the
said last will and testament, which record is hereby signed and certified by
me pursuant to the provisions of the revised Statutes this twenty eighth day
of July one thousand eight hundred and sixty two --

Lyman SHERWOOD Surrogate