WILL: Samuel Kress, Sr.; Starkey, Yates co., NY surname: Kress, Huson, Walling, Seaman submitted by Bonnie Bunce *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** The Will of Samuel KRESS, Sr., Yates Co. NY. Written: 20 June 1844 Probated: Recorded on pp. 248-250 of Will book for 1845 in the records for the Surrogate Court, Yates County, New York. The following is a copy of the will of Samuel KRESS, Sr. of Starkey, Yates County, New York. He was my 3rd g.grandfather. Samuel KRESS, considering the uncertainty of this mortal life, and being of sound mind and memory, do make and establish this my last Will and Testament in manner and form following, that is to say: First, I give and bequeath to my wife Mahitable in addition to her right of dower in my lands, all the property she possessed when she became my wife, including her beds and bedding and wearing apparel, and also one cow, But it is my Will that she have no more of my personal property. Second, I hereby give and bequeath to my sons, William KRESS, John J. KRESS, and Isaac KRESS, each an equal undivided eighth part of all my real and personal property. Third, I hereby devise and bequeath to my daughters Mary WALLING, Leah WALLING and Rebecca HUSON each an equal undivided eighth part of all my real and personal property. Fourth, Inasmuch as my son Samuel KRESS Junior has heretofore for a valuable consideration paid by him to my son James KRESS, taken an assignment from said James KRESS of all his right and interest which he might ever have to my real and personal estate by devise or otherwise, with my approbation, I hereby give, bequeath and devise to my said son Samuel KRESS Junior two-eighths of all my real and personal property __It being understood, and it is my will two beds and bedding are to be excepted from the above devises, the said beds and bedding being reserved for my sons Samuel KRESS Junior and John J. KRESS each to have a bed and bedding according to the request of my wife Catharine in her lifetime. My other 6 children having each had a bed and bedding_reserving also my wearing apparel which I give and bequeath to my said sons to be divided equally among them all. And whereas my daughter Sarah SEAMAN and her husband Orison SEAMAN have received their share of my estate or nearly so, I hereby give and bequeath Fifteen Dollars to my daughter Sarah in addition to what she has already had, and no more. And it is my Will further that all obligations or other chores in action which I may have at the time of my decease against any of my sons or the husbands of any of my daughters shall be deemed a part of my personal estate, and added to the common fund, with liberty to my executors to apply the same or any part thereof towards his or her share of my personal property. In case either of my said children John J. KRESS, Samuel KRESS Junior, William KRESS, or Isaac KRESS or any of my daughters, Mary WALLING, Leah WALLING, Rebecca HUSON or Sarah SEAMAN should die before I do, then I will and bequeath the share or portions herein bequeathed to him or her or them to the child or children of such deceased son or daughter to be divided equally among them respectively. Lastly. I hereby appoint and constitute my said sons Samuel KRESS Junior, John J. KRESS and Isaac KRESS executors of this my last will and testament, hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and seal the twentieth day of June 1844." Signed by Samuel KRESS. Witnessed by Samuel HUSON of Starkey, Yates Co., and Samuel S. Benham of Starkey, Yates Co.