MAGDALEN POST WILL, WYOMING COUNTY, NEW YORK

Copyright(c) 2002 by Robert Wolff (rwolff@mn.rr.com)

http://www.usgwarchives.org/copyright.htm
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Will of Magdalen Post, Wyoming County New York


Wyoming County, NY
Will Book Volume #5; Page 497-500
Source : Transcribed from SAMPUBCO copy

Last Will And Testament of
Magdalen POST  Deceased.
Be it Remembered, That heretofore, to wit: on the 9th day of February in the
year of our Lord one thousand eight hundred and seventy four  John E. LOWRING
sole Executor named in the Last Will and Testament of Magdalen POST late of
the Town of Gainesville in the County of Wyoming  and State of New York,
deceased, appeared in open Court, before the Surrogate of the County of
Wyoming and State of New York, and made application to have the said Last Will
and Testament  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 testator, and their
respective residences, And said Surrogate did thereupon issue a Citation, in
due form of law, directed to the heirs at law and next of kin of Magdalen POST
said testatrix  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 said County, on the 6th day of April  AD 1874, to attend
the Probate of said Will,

And afterwards to wit: on the 6th day of April  A.D. 1874,   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 in that day no one
appearing to oppose the Probate of such Will  hereinafter set forth, upon this
6th day of April  A.D. 1874, and he thereupon adjudged the said Will to be
valid Will of Real and Personal Estate and the proofs to be sufficient, which
said Last Will and Testament and proofs are as follows, that is to say:

WILL

I Magdalen POST of the town of Gainesville in the county of Wyoming and State
of Newyork being of sound mind and perfect memorydo make and publish and
declare this my last will and testamentin manner following. That is to say

First I give and bequeath to my daughter  Phebe HOLMES the sum of fifty
dollars in money one double carpet spread one blue and white kersey blanket
and my two rocking chairs.

To my daughter Jane MARRINER four silver trays two desert spoons and my best
table one new bed quilt two red blue and white kersey blankets one set of
chairs & one brass kettle and the sum of fifty dollars in money.

To my daughter Mary HUTCHINSON my Striped yarn carpet six silver tea spoons
one new bed quilt two red blue & white kersey blankets one set of chairs and
one brass kettle

To my two daughters Jane MARRINER & Mary HUTCHINSON share and share alike my
dishes knives & forks

To my son John Q. VANLIEW the bed that I slept on one striped bed quilt one
red & white Kersey blanket one birdseye blanket one calico comforter two
cotton & two flannel sheets bolster & pillows

To my son Christopher VANLIEW the bed that he uses for a spare bed one dark
Kersey blanket one woolen comforter one dark bed quilt one birdseye blanket 
two flannel & two cotton sheets

To my daughter in law Jane VANLIEW my bureau & wash stand and one blue & white
single spread

To my daughters Phebe HOLMES Jane MARRINER & Mary HUTCHINSON share and share
alike my clothing table linen towles bedding carpets and all the rest of my
household goods not herein enumerated.

Second If my son John Q. VANLIEW shall be living at the time of  settlement of
my estate I direct my executor  hereinafter named to pay to his wife Jane E.
VANLIEW the sum of Eight hundred dollars but if my son John Q. VANLIEW shall
not be living at the settlement of my estate I direct the said Eight hundred
dollars  to be divided equally between my four children hereinafter named.

All the rest and residue of my estate after paying all demands against the
same and the legacies and sums herein specified and directed to be paid.  I
direct to be equally divided between my four children Phebe HOLMES Jane
MARRINER & Christopher VANLIEW & Mary HUTCHINSON

I further direct that if my son Christopher VANLIEW shall not be living at the
time of settlement of my estate all the legacies and distribution shares
herein directed to be paid to him shall be equally divided between my children
then living

Lastly I do hereby nominateand appoint John E. LOWING executor of this my last
will and testament and direct him to pay my funeral expensesand to erect at my
grave a tombstone similar to the one standing at the grave of my husband Coon
Roud VANLIEW and I hereby revoke all former wills by me made.

In witness where of I have hereunto set my hand & seal This 29th day of August
in the year of our Lord 1868.

                                           Magdalen POST (L.S.)
The above instrument consisting of one sheet was at the date thereof signed
Sealed  published and declared by the said Magdalen POST as and for her last
will and testament in presence of us who at her request and in her presence
and in the presence of each other have subscribed our names as witness thereto
S.L. Griffith residing in Gainesville Wyoming co.
S. E. Felch residing in Gainesville Wyoming co.

SURROGATE'S COURT, Wyoming County
In the Matter of Proving the Last Will and Testament of

Magdalen POST deceased. 

Wyoming County, ss. Shipman L. Griffith and Simeon E. Felch of Gainesville in
said county being 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 Magdalen POST late of the town of
Gainesville in the county of Wyoming and State of Newyork deceased.  And these
deponents do further say, that the said Magdalen POST deceased, did in the
presence of each of these deponents, subscribe her name at the end of the
instrument in writing which is now here shownto the deponents, and which
purports to be the Last Will and Testament of the said deceased and which
bears the date on the 29th day of August one thousand eight hundred and Sixty
Eight  That the said deceased did at the time of her subscribing her name to
the said instrument as aforesaid, declare the same to be her 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 her presence and in
the presence of each other.  That the said deceasedat the time of so
subscribing her 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 she appeared to be and deponents believe she 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 said deceased
Shipman L. Griffith
Simeon E. Fetch 
Subscribed and sworn this 6th day of
April  A.D. 1874, before me
B. Healy Surrogate.

Wyoming County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and
Testament Magdalen POST 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 Magdalen POST at the time she executed the same was in all
respects competent to devise real estate and not under 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 
on this 6th day of April  A.D. 1874.
B. Healy Surrogate.