WILL: Phineas Moors; Macedon, Wayne co., NY surnames: Moors, Bradish submitted by Diane Bruce (Dbruce10 @ aol.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Diane Bruce Wayne County, NY Will Book Volume K, page 50 Surnames: Moors, Bradish WAYNE COUNTY SURROGATE'S COURT In the matter of proving the last will and testament of Phineas Moors, late of the town of Macedon in the county of Wayne, deceased Be it Remembered that heretofore, to wit, on the twenty eighth day of September in the year one thousand eight hundred and sixty three Edward Herrindun executor named in the last will and testament of Phineas Moors 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 both real and personal estate proved; and on such application the said Surrogate did ascertain by satisfactory evidence who was the widow 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 widow, 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 third day of November, then next to attend the probate of said will. And afterwards to wit; on the said twenty third day of November 1863, 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 said twenty third day of November in the year one thousand eight hundred and sixty three; 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 examination to be recorded; which said proofs, and last will and testament are as follows, that is to say: Proofs County of Wayne ss: Hiram Wilkinson of the town of Macedon in the County of Wayne, being duly sworn and examined before Lyman Sherwood Surrogate of the said County of Wayne, depose and saith; that he was well acquainted with Phineas Moors in his life time and was present and saw the said Phineas Moore subscribe his name at the end of the instrument in writing now produced and shown to this deponent, bearing date the twelfth day of June, 1852, purporting to be the last will and testament of the said Phineas Moors deceased. That the said Phineas Moors at the time he so subscribed it declared the said instrument to be his last will and testament and requested this deponent and Gibson Malona of Macedon aforesaid to subscribe their names as witnesses to the execution thereof. Therefore this deponent and the said Gibson Malona in obedience to said request accordingly subscribed their names as witnesses at the end of said instrument in presence of the said Phineas Moors and of each other. This deponent further saith that the said Phineas Moors 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 where so executed, without any alterations, obliterations or erasure whatsoever. (written in margin of will beside "Sworn to this 23rd day of": U.S.R. stamp 5 cents) Sworn this 23rd day of ) November 1863, before me ) Hiram Wilkinson Lyman Sherwood Surrogate ) County of Wayne ss: Mary Moors of the town of Macedon in the County of Wayne being duly sworn and examined before Lyman Sherwood Surrogate of the Said County of Wayne, depose and saith that she is the widow of Phineas Moors deceased - that she was present and saw the said Phineas Moors subscribe his name at the end of the instrument in writing now produced and shown to this deponent bearing date the twelfth day of June 1852, purporting to be the last will and testament of the said Phineas Moors deceased. That the said Phineas Moors at the time he so subscribed it, declared this said instrument to be his last will and testament, and requested Hiram Wilkinson and Gibson Malona of Macedon aforesaid to subscribe their names as witnesses of the execution thereof. Thereupon the said Hiram Wilkinson and Gibson Malona in obedience to said request, accordingly subscribed their names as witnesses at the end of said instrument in presence of the said Phineas Moors and of each other, and also in the presence of this deponent - that the said Gibson Malona is now dead. This deponent further saith that the said Phineas Moors 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. (written in margin of will beside "Sworn to this 23rd day of": U.S.R. stamp 5 cents) Sworn this 23rd day of ) November 1863 before me ) Mary Moore Lyman Sherwood Surrogate ) Will In the name of God Amen! I Phineas Moors of the town of Macedon in the County of Wayne and State of New York of the age of seventy nine years and being of sound mind and memory do make, publish and declare this my last will and testament, in manner following that is to say: First, I give and devise to my wife Mary Moors her heirs and assigns all that tract and parcel of land situated in the town and village of Macedon aforesaid County of Wayne, State of New York and bounded as follows: viz: commencing at the northeast corner of a lot of land now or lately owned by the heirs of the late George Dean deceased, thence running east along the south line of the road leading from Rochester to Palmyra sixty feet to the corner of a lot of land owned by Gibson Malona, thence southerly at eight angles with the said road thirteen rods, thence westerly parallel with said road sixty feet thence northerly to the place of beginning together with all the hereditaments and appurtenances there unto belonging or in any wise appertaining to have and to hold the premises above described to the said Mary Moors her heirs and assigns forever, it being the same conveyed by Isaac Tripp and Phineas Moors. Second, I give and bequeath to my wife Mary Moors all my household furniture of what nature or kind soever. Third, I give and bequeath all the last residue and remainder of my personal estate of what nature and kind soever to my son, Noah M. Moors and my son Ralph Moors, and my daughter Rachell Bradish to be divided equally between them share and share alike. And lastly, I hereby appoint Edward Herrindun and Ralph Moors executors of this my last will and testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this twelfth day of June in the year of our Lord one thousand eight hundred and fifty two. Phineas Moors (seal) The foregoing instrument consisting of one sheet was at the date thereof signed, sealed published and declared by the said Phineas Moors, as and for his last will and testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto: Hiram Wilkinson Residing at Macedon in Wayne County Gibson Malona Residing at Macedon in Wayne County County of Wayne: Recorded the preceding last will and testament of Phineas Moors deceased as a will of real and 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 testator hereby signed and certified by me pursuant to the provisions of the revised statutes this twenty third day of November one thousand eight hundred and sixty three. Lyman Sherwood Surrogate