WILL: Dolphius Reynolds; Arcadia, Wayne co., NY surname: Reynolds submitted by Mary Zednick (mzednick @ 3rivers.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Mary Zednick Wayne County, New York Will Book Vol. N, page 137 Dolphius Reynolds, 1857: Arcadia, Wayne County, New York Wayne County Surrogate Court In the matter of serving the last Will and Testament of Dolphius Reynolds Deceased. On the 13th day of January 1857 Harris Reynolds an executor named in a certain instrument in writing purporting to be the last Will and Testament of Dolphius Reynolds late of Arcadia in said County, deceased applied in this Court to have the said instrument, which relates to real & 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 issue a Citation in due form of law, directed to the proper persons, by their respective names, and stating their place of residence, requiring them to appear before him, at his office in Newark in said County, on the 11th day of February 1857, to attend the probate of the said instrument. And afterwards, to wit, on the day and place last aforesaid, due proof by affidavit was produced and filed in said Court of the service of the said Citation, in the mode proscribed by law; and the said applicants appeared in person and no other parties or persons appearing, such proceedings were thereupon afterwards had, on the said 11th day of February that the said County Judge took the proof in support of the said instrument as follows: Wayne County, ss. John R. Hyde & Hannah C Hyde of Arcadia in said County witnesses produced in this matter, being duly sworn and examined before S. S. Ketchum County Judge of said County, depose and say that they are acquainted with Dolphius Reynolds late of Arcadia in said County, now deceased, and that they are subscribing witnesses as to the last Will and Testament of said deceased. And deponents further say that the said testator did, in the presence of these 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 Dolphius Reynolds and which bears date on the 9th day of December in the year of our Lord one thousand eight hundred and fifty-six. And deponents further say, that the said testator did, at the time of subscribing his name as aforesaid, at the end of the 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 this 11th day John R. Hyde of February 1857, before me Hannah C. Hyde S. S. Ketchum County Judge The foregoing Proofs and Examinations were taken before the County Judge aforesaid, on the 11th day of February 1857, and the depositions of the respective witnesses were by them severally subscribed, after having been carefully read over to them. And the said County Judge being satisfied upon the proof 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, 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 said County; the 11th day of February 1857 S. S. Ketchum County Judge WILL In the name of God amen I Dolphius Reynolds of the town of Arcadia in the County of Wayne & State of New York of the age of thirty-eight years & upwards & being of sound mind & memory do make publish & declare this my last will & testament in manner following that is to say First I give & bequeath to my Sister Orpha Reynolds the sum of one hundred dollars, to my Brother Harris Reynolds one bay horse which is now in my possession or in lieu thereof the sum of one hundred & fifty dollars which said several legacies I order & direct to be paid to the said respective legatees within one year after my decease. Second I give bequeath & devise unto my wife Lydia G. Reynolds the equal half part of all my estate both real & personal to be accepted & received by her in lieu of dower subject nevertheless to the payment of all my just debts, funeral charges & the legacies herein before made. Third I give, bequeath & devise unto my daughter Alice G. Reynolds the one equal half part of all my estate both real & personal subject to the payment of my just debts funeral charges & the legacies hereinbefore made. And lastly I give bequeath & devise unto Lydia G. Reynolds all the rest residue & remainder of my estate both real & personal whom together with Harris Reynolds & George Sheldon I hereby appoint my Executrix & Executors of this my last will & testament hereby revoking all former wills by me made & I hereby request & authorize my said executrix & executors if they shall think best so to do to sell my estate both real & personal & divide the proceeds thereof between my said wife Lydia G & my daughter Alice G in the proportions as aforesaid that is equally that is equally between them share and share alike. In witness whereof I have hereunto set my hand & seal the twenty ninth day of December in the year of our Lord one thousand eight hundred & fifty six Dolphius Reynolds The above instrument consisting of one sheet was at the date hereof signed sealed published & declared by the said Dolphius Reynolds as & for his last will & testament in the presences of us who at his request & in his presence and in the presence of each other have subscribed our names as witnesses thereto John R. Hyde Arcadia Wayne County Hannah C. Hyde Arcadia Wayne County Wayne County ss: It appearing from the proofs duly taken in respect to the last will & testament of Dolphius Reynolds late of Arcadia deceased that the same is genuine & valid & was duly executed that the testator at the time of executing the same was in all respects competent to devise real estate & not under restraint, said will proofs & examinations are herby recorded signed & certified pursuant to statutes in such case made and provided this 11th day of February 1857 S. S. Ketchum County Judge