WILL: Charles Chaffey; Bennington, Wyoming co., NY surnameS: Chaffey, Adams, Daily, Gardner, Fuller submitted by Pamela Donohue (pam @ value.net) ************************************************************************ 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 Pamela Donohue Wyoming co NY Will Book Vol 4 page 413 Last Will and Testament of Charles Chaffey, deceased. Be it Remembered, that heretofore, to wit: on the 26th day of May in the year of our Lord one thousand eight hundred and sixty three Charles Chaffey the Executor named in the Last Will and Testament of Charles Chaffey late of the town of Bennington in the County of Wyoming deceased appeared in open Court before the Surrogate of the County of Wyoming and made application to have said Last Will and Testament which relates to both Real and Personal Estate approved: and on such application the said Surrogate did ascertain by satisfactory evidence, who were the widow, heirs at law and next of kin of their respective residences, and said Surrogate did thereupon issue a Citation, in due form of law, directed to the widow, heirs at law and next of kin of the said Charles Chaffey deceased by their respective names, stating their respective places of residences, requiring them to appear before said Surrogate at his office in the village of Warsaw in said County on the 20th day of July AD 1863 to attend the Probate of said Will., And on said 20th day of July AD 1863 it appearing that some of the heirs at law and next of kin of said testator were minors, having no guardian residing within this state, Charles W. Bailey was duly appointed a special guardian by the Surrogate of said county by an order duly entered for that purpose to appear for and take care of the interests of said minors in the matter of proving said will and Chas. W. Bailey having personally appeared before any evidence had been taken in regard to said will, as such special guardian: And afterwards, to wit: on the 20th day of July AD 1863, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took proofs of said Will hereinafter set forth, upon this 20th day of July AD 1863 and he thereupon adjudged 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 and proofs are as follows, that is to say: WILL The last will and testament of Mr. Charles Chafey of the town of Bennington County of Wyoming and State of NY being of sound mind and memory at the time of making and publishing this my last will and testament that is to say after paying all my just debts I give and devise unto my son Charles Chafey in addition to what I have heretofore given the issue oof one hundred dollars also I give and bequeath to the live children of my late daughter Thursa who was first married to --- Adams and after his decease to Stephen Daly since herself deceased the sum of one hundred dollars to be equally divided between them share and share alike. Also I give and bequeath unto my Grandson Charles Chafey Gardner son of my late daughter Sarah the sum of one hundred dollars neither of the before mentioned bequests to be paid or any part thereof until after the death of my present wife. I give and bequeath all the rest residue and remainder of said estate real and personal whereof I may realize as possessed to my son Charles Chafey of the town of Melrose, Jackson County Wisconsin and Alonzo Fuller of the town of Jackson, LaCross County Wisconsin to have and to hold the same themselves, their heirs and assigns forever upon the ???? and trusts following mainly, in trust to pay my wife Sophia when her sole and separate receipts the actual income and revenue of all my said estate is so possessed thereof as may be necessary for her convenience existence and support and that of her daughter Louiza V. Fuller during the term of her natural life the said bequest to my said wife to be in lieu of dower and upon the decease of my said wife to convert all my said Estate into money if such course shall be thought best by my Said trustees and to divide the whole of the proceeds of such conversion or sale between my son Charles Chafey before mentioned or his heirs and the heirs of my two deceased daughters also before mentioned in the same manner that it would ???? to them by the laws of the State of NY And I hereby give my said trustees full power and authority to sell any or all my real Estate at public or private sale and invest the proceeds thereof or lease the said real estate and to pay over the proceeds of such sale and the interest thereof according to the terms and in the manner herein before mentioned. And I hereby order and determine that the Said Louiza S. Fuller shall not live and remain with my said wife Sophia until her death, then my said trustees shall make a just and equitable settlement with her for, of and concerning her work, labor, and services and expenses during the time she has been remaining in my family or may hereafter remain in my family or with her said Mother. And I hereby nominate, constitute and appoint my said trustees Charles Chafey and Alonzo Fuller Executors of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have herewith subscribed my name and affix my seal the 29th day of January in the year of our Lord 1863. The foregoing written instrument consisting of one sheet was subscribed by the said Charles Chafey in our presence and acknowledge by him to each of us. And he at the same published and declared the foregoing to be his last will and testament and we at the testator's request and in his presence and in the presence of each other have signed our names as witnesses hereto and written opposite our names our respective places of residence.