WILL: Seth Merrill Gates; Warsaw, Wyoming co., New York
surname: Gates, Bronson, Milne, Keyes, Parsons, Rochester

submitted by: Natalie Gates Runyan (nsrunyan at hotmail.com)
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Source: sampubco.com
Wyoming co NY Will Book Vol. 10 page 13
Written: 12 Jul 1876
Probated: 17 Sep 1877

Transcribed from SAMPUBCO copy by Natalie Gates Runyan

Seth Merrill Gates was born to Seth Gates and Abigail Merrill.

Wyoming County SS
It appearing upon the proofs duly taken in respect to the Last Will and
Testament of Seth M. Gates late of the town of Warsaw in the County of Wyoming
and State of New York, deceased, that the said Will was duly executed, and
that the said Seth M. Gates at the time he executed the same was in all
respects competent to devise Real Estate and not under any restraint, the said
Last Will and Testament and the proofs and examinations are hereby recorded,
signed and certified by me, pursuant to the provisions of the Revised
Statutes, this 17th day of September AD 1877.
Byron Healy, Surrogate

Surrogates Court-Wyoming County

Last Will and Testament of Seth M. Gates, Deceased

I Seth M. Gates of Warsaw, Wyoming County NY, mindful of the uncertainty of
life, do make publish and declare this my last Will & Testament as follows to
wit

I give, devise & bequeath to my wife Ann Cornelia my homestead, the dwelling
house on Water Street in the village of Warsaw where I now reside & the lot on
which it stands to have and to hold the same with the appurtenances to her
during the term of her natural life and I further give & bequeath to my said
wife all & singular such household furniture, beds, bedding, cooking utensils
and crockery as I shall die possessed of & which shall not herein & hereby be
specially given & bequeathed to some other one she the said Ann Cornelia to
receive and accept the same in lien of all other dower.

I direct & request my executors hereinafter mentioned & appointed to pay my
debts & funeral expenses out of my personal property & to cause grave stones
or a family monument as they shall think best & proper to be erected in the
cemetery in Warsaw at an expense not exceeding Five Hundred Dollars within a
year after my decease if it shall not have been done by one before that event.

I give & bequeathe (sic) to my youngest son Lewis Eddy Gates Twelve Hundred
Dollars to be used for his care & education from time to time during his
minority as it shall be deemed proper & necessary by my executors to whom I
commit his care, custody & education & if at any time they should differ in
opinion as to his care custody & control, then my said son Lewis Eddy shall &
may choose a third person to act with my said executors on such matters & a
majority of said three persons shall decide all such questions in regard to
his care, custody, control & education during his minority.

I give & bequeathe (sic) to my daughter Francis Abigail Gates, Three Hundred
Dollars to be paid to her on three annual payments with interest from & after
my decease to be paid to her on one two & three years after my decease.

I give & bequeathe (sic) to my executors sundry(?) books & articles of
personal property of small value to be given as keepsakes to various persons
mentioned in written directions bearing even dates herewith & to be left for
my said executors with this will on which the books and articles thus
bequeathed are particularly mentioned as well as the persons to whom they are
to be given & request them to dispose of them as therein mentioned.
All the rest and residue of my property & estate as well real as personal
after the payments of debts and expenses & bequests herein above mentioned
given bequeathed & disposed of, I hereby give devise and bequeathe (sic) to my
Eight children equally share & share alike to wit: Henry K. Gates, Mary E.
Bronson, Frances A. Gates, John A. Gates, Merrill Edwards Gates, Elisha P.
Milne, Erastus P Gates & Lewis Eddy Gates.

I hereby constitute & appoint my wife Ann Cornelia Gates & my son Merrill E.
Gates, executors of this my last Will & Testament & I hereby authorize &
empower them to bargain sell & convey any & all real estate of which I may
(illegible) at any time they shall deem it best & proper to do so without
waiting for any or all of the heirs, legatees, or devisers to come of age & to
use the proceeds of such sales as they may see fit in paying debts expenses
bequests & settling of my estate in accordance with the sale, provisions &
intentions of this will. I hereby revoke all former wills & testaments.
In Witness Whereof I have hereunto subscribed my name & set my seal this 12th
day of July in the year of our Lord one thousand Eight Hundred & seventy-six.
Seth M. Gates

The foregoing instrument written upon one sheet of paper was at the date
thereof subscribed by Seth M. Gates the Testator at the end thereof in the
presence of each of us & he did at the same time declare such instrument so
subscribed to be his last will & testament & we have each of us at his request
signed our names hereto as Witnesses subscribing the same in his presence & in
the presence of each other.
Charles L. Seaver, Warsaw, New York
L. Hayden Humphrey Jr. Warsaw, New York

Surrogates Court- Wyoming County
In the Matter of Proving the Last Will and Testament of
Seth M. Gates
Deceased
Wyoming County SS Charles L. Seaver and L. Hayden Humphrey Jr of Warsaw NY
being first duly sworn in open Court upon their several corporeal oaths, each
for himself doth depose and say, that they are subscribing witnesses to the
Last Will and Testament of Seth M. Gates late of the town of Warsaw in the
County of Wyoming and State of New York, deceased. And these deponents do
further say, that the said Seth M. Gates deceased, did, in the presence of
each of these deponents, subscribe his name at the end of the instrument in
writing which is now here shown to these deponents, and which purports to be
the Last Will and Testament of the said deceased, and which bears the date of
the 12th day of July one thousand eight hundred and seventy-six. That the said
deceased did, at the time of subscribing his name to the said instrument as
aforesaid, declare the same to be his Last Will and Testament; and these
deponents did thereupon subscribe their own respective names at the end of
said instrument, as attesting witnesses to the execution thereof, each at the
request of the said deceased, and in his presence and in the presence of each
other. That the said deceased, at the time of subscribing his name to said
instrument as aforesaid, and publishing said instrument as aforesaid was
upward of twenty-one years of age, and a citizen of the United States; that he
appeared to be, and deponent believes, he was of sound mind, memory and
understanding, and not under any restraint, and as deponents verily believe,
in all respects competent to devise real estate; that each of these deponents
saw the other sign his name to said instrument in the presence of the said
deceased.
L. Hayden Humphrey Jr
Charles L Seaver
Subscribed and sworn this 17th day of
September AD 1877 before me, B. Healy, Surrogate