CONRAD VAN LIEW DEED, WYOMING COUNTY, NEW YORK Copyright(c) 2002 by Robert Wolff (rwolff@mn.rr.com) http://www.usgwarchives.org/copyright.htm ******************************************************** Will of Conrad VanLiew, Wyoming County New York Copyright 2002 Robert Wolff (rwolff@mn.rr.com) Wyoming County, NY County # 61, Volume # 5; Page 13-15, 18 Source : Transcribed from SAMPUBCO copy Last Will And Testament of Conrad VANLIEW Deceased. Be it Remembered, That heretofore, to wit: on the First day of August in the year of our Lord one thousand eight hundred and sixty four Frederick VANLIEW and John E. LOWRING Executors named in the Last Will and Testament of Conrad VANLIEW late of the Town of Gainesville 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 of Conrad VANLIEW, which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence, who were the heirs at law and next of kin of the said testater, and their respective residences, And said Surrogate did thereupon issue a Citation, in one form of law, directed to the heirs at law and next of kin of Conrad VANLIEW the testator by their respective names, stating their respective places of residence requiring them to appear before said Surrogate at his office in the Village of Warsaw in the said County, on the 15 day of August A.D. 1864 to attend the Probate of said Will, and afterwards to wit on the 15th day of August 1864 good cause appearing therefor and all the parties interested therein consenting thereto all further proceedings in relation to the proving of the said will were duly adjourned until the twenty ninth day of August 1864 at ten oclock in the forenoon of that day at the same place above mentioned, And afterwards to wit: on the 29th day of August A.D. 1864 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 proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 29th day of August A.D. 1864 and 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 I Conrad VANLIEW of the town of Gainesville County of Wyoming and the state of NewYork aged forty two years and upwards and being of sound mind and perfect memory do hereby make publish and declare this my last will and Testament as follows: that is to say: I hereby direct my executors hereinafter named to dispose of my personal property not herein otherwise bequeathed or disposed of and from the proceeds of such sale and including all monies belonging to my personal estate to pay my funeral charges and all legal claims against my estate to erect suitable tomb stones at the graves of my brother and sister and erect a suitable stone at my own grave to pay the legacies hereinafter directed to be paid from my personal estate and the remainder if any there be to divide equally between my brothers and Sisters to wit: Phebe HOLMES, Frederick VANLIEW, John Q. VANLIEW, Jane MARINER, Christopher VANLIEW, Mary HUTCHINSON share and share alike. I give and bequeath to my Mother Magdalene POST the use and occupancy during her life time of the farm on which she and I now reside. And further bequeath to her one hog and grain sufficient to fat said hog for family use, the two cows she may select from cows I may have at the time of my decease and sufficient fodder for the same one winter and sufficient grain for her family use for one year, All the household furniture I may posses, my buggy and single harness and four hundred dollars in money to be paid to her from my personal estate the above articles to have and to hold forever. I give and bequeath to my brother Frederick VANLIEW the obligation of five hundred dollars which I hold against him and I further bequeath to him any interest in the farm on which he now resides to have and to hold forever on condition that he pay to my Sister Mary HUTCHINSON one thousand dollars in five equal annual payments of two hundred dollars each the first payment to be made one year from my decease. I give and bequeath to my brother Christopher VANLIEW my team double harness, waggon, sleigh and all my farming utensils, one cow, his choice after mother has taken hers to have and to hold forever, And I further bequeath to my brother Christopher VANLIEW if he shall be living at the time of the decease of my mother the farm on which I now live the use of which I herein bequeathed to my mother during her lifetime on condition that he pay to my two Sisters Phebe HOLMES and Jane Y. MARINER each the sum of one thousand dollars, If my brother Christopher VANLIEW shall choose and so direct I hereby authorize my executors to sell said farm and from the proceeds of the sale thereof to pay the aforesaid legacies of one thousand dollars each to Phebe HOLMES and Jane Y. MARINER and to my brother Christopher VANLIEW fifteen hundred dollars, If my brother Christopher VANLIEW shall not be living at the time of the decease of my mother, I hereby authorize my executors to sell the farm the use of which is herein bequeathed to my mother and from the proceeds of the sale thereof to pay the above mentioned legacies to Phebe HOLMES and Jane Y. MARINER and to my sister in law Catherine VANLIEW and her child three hundred dollars To my niece Celia HUTCHINSON one hundred dollars, to my nephew Frederick HUTCHINSON one hundred dollars and the remainder if any there be and all the rest and remainder of my estate after paying all demands against me and all legacies and bequests herein directed to be paid. I direct to be divided equally between my brothers and sisters then living share and share alike, I further give and bequeath to my sister Mary HUTCHINSON in addition to the sum of One thousand dollars as directed to be paid to her by my brother Frederick VANLIEW two hundred dollars to be paid to her from my personal estate and one cow to have and to hold forever. And I hereby appoint my brother Frederick VANLIEW and John Lowing executors of this last will and testament hereby revoking all former wills by me made In witness whereof I hereunto set my hand and seal this seventh day of July one thousand eight hundred sixty four. Conrad VANLIEW[seal] The above instrument consisting of one and one half sheets was subscribed by the above named Conrad VANLIEW in our presence and in the presence of each of us: and he at the same time declare it to be his last will and testament and requested us to sign the same as subscribing witnesses W. A. ACER of the town of Gainesville N.Y. Geo. S. CONE of the town of Gainesville N.Y. Wyoming County, ss. It appearing upon the proofs duly taken in respect to the Last Will and Testament Conrad VANLIEW late of the town of Gainesville in the county of Wyoming and State of New York, deceased, that the said Will was duly executed, and that the said Conrad VANLIEW at the time he executed the same was in all respects competent to devise real estate and not under restraint, the said Last Will and Testament of Conrad VANLIEW and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provisions of the Revised Statutes on this 29th day of August A.D. 1864. H.S. Comstock Surrogate.