WILL: Seth Gates; Warsaw, Wyoming co., New York
surname: Gates, Bronson, Stowell

submitted by: Natalie Gates Runyan (nsrunyan at hotmail.com)
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Source: sampubco.com
Wyoming co NY Will Book Vol. 1 page 290
Written: 6 Nov 1847
Probated: 8 May 1848

transcribed from SAMPUBCO by Natalie Gates Runyan

Seth was son of Joshua Gates and Anna Branch, born in Preston CT and one of
the first settlers of Warsaw, then Genesee County, New York.

Be it remembered that on the eighth day of May AD 1848, Chauncey C. Gates, the
sole executor named in the last will and testament of Seth Gates, late of
Warsaw in Wyoming County deceased appeared in support of the proof of said
will, (all the proceedings required by law prior to the taking of said proof
having had and taken in the mode prescribed by law,, and on that day no one
appearing to oppose the probate of said will such proceedings were thencefore
had that the county Judge of said county took the probate of said will
hereinafter set forth, and he adjudge the said will to be a valid will of real
and personal estate and the proofs thereof to be sufficient, which said last
will and testament are proofs are as follows-that is to say-

I Seth Gates of Warsaw Wyoming County New York, being of sound mind & memory,
tho(sic) in feeble bodily health do hereby make and publish this my last will
and testament in manner and form following that is to say. First it is my will
and desire that my just debts and funeral expenses be paid from my personal
estate. Second I do give devise & bequeath unto my well beloved wife Abigail
all and singular my personal property and estate and I also give devise and
bequeath unto my said wife Abigail all my real estate to be used occupied &
enjoyed by her during the term of her natural life and to be accepted of her
in lieu of dower. From immediately after her decease I give and devise the
said to my four children Seth M Gates, Calista Bronson, Chauncey C. Gates and
Delia Stowell & to their heirs and assigns forever share and share alike. In
case any of the said four children should depart this life before the said
Abigail the share of such child shall go to the heirs of his or her body if
any & if he or she shall leave none then to the others of the said four
children & to their heirs and assigns. Third I do hereby nominate and appoint
my second son Chauncey C Gates executor of this my last will and testament.
And in conveyance of his faithful care and attendance upon his parents in
sickness & health & his long steady devotion to their interests it is my with
that he may be well compensated in the settlement of his accounts for such
service as well as for his services in the fulltime settlement of the estate.
I hereby revoke all former wills and testaments made by me. My watch I give to
my wife and when she shall have done with it I desire that is may be given to
my youngest daughter Delia. In the general management of the property and
estate hereafter, I desire my said executor to consult counsel and advise with
my eldest son & with the other children who reside in Warsaw and in the
settlement of the unsettled matters between Chauncey C. my said executor and
myself or my estate I expect & desire that my wife, my eldest son Seth M my
daughter Calista & her husband my son-in-law Isaac C. Bronson shall confer &
consult together in relation to the settlement thereof and that the same may
be (illegible) fairly & equitably and with a view to the giving to my said son
Chauncey C. a full and fair compensation for all his services as hereinbefore
mentioned. In witness whereof I have hereunto set my hand and seal this 6th
day of November in the year of our Lord one thousand eight hundred and forty
seven.

The above instrument consisting of one sheet was at the Seth Gates
date thereof signed sealed & published & declared by the said Seth Gates as &
for his last will and testament in presence of us, who at his request & in his
presence & in the presence of each other have subscribed our names as
witnesses thereto.

Henry Garetsee residing at Warsaw Wyoming Co. NY
Elizabeth Garetsee residing at Warsaw Wyoming Co NY

Wyoming County Surrogate Court
In the Matter of Proving this will
Of Seth Gates, deceased
Wyoming County : Henry Ganetsee of Warsaw in Wyoming with aforesaid being duly
sworn deposes and says that he is a subscribing witness to the last will and
testament of Seth Gates late of Warsaw in Wyoming county aforesaid deceased,
that the said Seth Gates in the presence of this deponent subscribed his name
at the end of the said will the instrument which is now shown and exhibited to
this deponent bearing date on the 6th day of November AD 1847, that said Seth
Gates the testator then declared the said instrument to be his last will and
testament and this deponent and Elizabeth Ganetsee thereupon subscribed their
names at the end of said will as attesting witnesses thereunto in the presence
and at the request of the said testator, that the said testator was of sound
mind and memory of full age to execute a will and was not under any restraint,
and that the said will now appears in all respects as when so executed without
any alteration whatsoever.
Henry Ganetsee
Subscribed and sworn this 8th
Day of May 1848 before me
W. Riley Smith, County Judge

Wyoming County Surrogate Court
In the Matter of Proving this will
Of Seth Gates, deceased
Wyoming County : Elizabeth Ganetsee of Warsaw in Wyoming county aforesaid
being duly sworn deposes and says that she is a subscribing witness to the
last will and testament of Seth Gates late of Warsaw in Wyoming county
aforesaid deceased, that the said Seth Gates in the presence of this deponent
subscribed his name at the end of the said will, the instrument which is now
shown and exhibited to this deponent bearing date on the 6th day of November
AD 1847, that said Seth Gates, the testator, then declared the said instrument
to be his last will and testament, and this deponent and Henry Ganetsee
thereupon subscribed their names at the end of said will as attesting
witnesses thereunto in the presence and at the request of the said testator,
that the said testator was of sound mind and memory, of full age to execute a
will and was not under any restraint, & that the said will now appears in all
respects as when so executed without any alteration whatsoever.
Elizabeth Ganetsee
Subscribed and sworn this 8th
Day of May 1848 before me
W. Riley Smith, County Judge

Wyoming County: Recorded the preceding last will & testament of Seth Gates
deceased as a will of real and personal estate together with the proofs taken
in the Surrogate Court of Wyoming County relating thereto, which record is
hereby signed & certified by me pursuant to the requirements of law this 8th
day of May AD 1848.
W. Riley Smith, County Judge