WILL: Elias Gilbert; Middlesex, Yates, New York

submitted by Katie Montanez (k-montanez at northcascades.net)
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Source: sampubco.com
Yates co NY Will Book Vol. A page 104
Written: 11 Aug 1828
Probated: 6 Jan 1829

I Elias Gilbert of the town of Middlesex in the County of Yates and state of
New York having through the favor of Almighty God been present through many
dangers until I have arrived to an advanced period of human life and feeling
the infirmaties incedent thereto and thereby admonished that the day of my
departure is at hand. Do hereby for the settlement of my worldly concerns make
and publish this my last Will and Testament in manner following

That is to say

First I give devise grant and bequeath to my beloved Son Richard Gilbert and
to his heirs and assigns forever all the real and personal estate of which I
may be possessed at the time of my decease subject to the charge of the
comfortable and suitable maintenance and support of my beloved wife Lydia
during the term of her natural life should she survive me ƒ " particularly
the farm on which I now reside in the town of Middlesex aforesaid with the
heredetaments and appurtenances and all other land by me owned, to have and to
hold the Same to the Sole and only use benefit on behoof of my Said Son
Richard Gilbert his heirs and assigns forever.

Secondly I do hereby nominate constitute and appoint my Said Son Richard Sole
Executor of this my last Will and Testament.

In Witness thereof I have hereunto Set my hand and Seal the Eleventh day of
August in the Year of our Lord one thousand Eight hundred and twenty Eight.
X His Mark
Elias Gilbert

Signed Sealed and published and declared by the above named Elias Gilbert to
be his Last Well and Testament in the presence of us who have subscribed our
names hereunto and witnesses in the presence of the Said testator.
Jonathan Pratt
Jedediah Putney
Henry G. Whitman
Yates County SS

Be it remembered, that on the Six day of January in the Year of our Lord one
thousand Eight hundred and twenty nine personally appeared before me Andrew F.
Oliver surrogate of the county of Yates aforesaid Jonathan Pratt one of the
Subscribing witnesses to the Will of Elias Gilbert late of the town of Benton
the Said County, deceased who being duly sworn declared that he did See the
Said Elias Gilbert deceased Seal and execute the instrument hereunto, annexed,
and, impressed with the Seal of Office of the Said Surrogate, which Said
instrument purports to be the last Will and Testament of the Said Elias
Gilbert deceased bearing date the Eleventh day of August in the Year of our
Lord one thousand Eight hundred and twenty eight that he heard him the Said
Elias Gilbert publish and declare the Same as and for his last Will and
Testament: that at the time thereof he the Said Elias Gilbert was of sound
disposing mind and memory, to the best knowledge and belief of him the Said
Jonathan Pratt and that he together with Jedediah Putney[,] Henry G. Whitman
the other witnesses to the Said Will, did Severally Subscribe their names
thereto as Witnesses in the presence of the testator.

In Testimony Whereof the Said Surrogate hath hereunto Set his hand and affixed
his Seal of office. Done at the Village of Penn Yan [t]his Six day of January
in the Year of our Lord one thousand Eight hundred and twenty nine
A.F. Oliver, Surrogate of Yates Co.
Yates County SS

Be it Remembered, that on the Six day of January in the Year of our Lord one
thousand Eight hundred and twenty nine personally appeared before me the Said
Surrogate. Richard Gilbert Executor in the aforesaid Will named and he duly
sworn to the faithful performance and execution thereof by talking the usual
oath in that case provided.
A.F. Oliver, Surrogate
Of Yates Co.

The People of the State of New York by the Grace of God Free and independent:
To all to whom these presents shall come, or may concern,
Send greeting,

Know Ye, That at the Village of Penn Yan, in the County of Yates on the Six
day of January in the Year of our Lord one thousand Eight hundred and twenty
nine, before Andrew F. Oliver, Surrogate of our Said county, the last Will and
Testament of Elias Gilbert deceased (a copy whereof is hereunto annexed) was
proved, and is now approved and allowed of by us; and the Said deceased having
whilst he lived, and at the time of his death, goods, chattels or credits,
within this State, by means whereof the proving and registering the Said Will
and granting administration of all and Singular the goods chattels and credits
and also the auditing, allowing and final discharging the account thereof doth
belong unto us; The administration of all and Singular the Said goods,
chattels and credits of the Said deceased, way [?] any concerning his Will is
granted unto Richard Gilbert in the Said Will named he being first duly sworn
well and faithfully to administer the same and to make and exhibit a true and
perfect inventory of all [?] and singular the said goods, chattels and credits
and also to render a just and true account thereof when thereunto required.

In Testimony whereof we have caused the seal office of our said Surrogate to
be hereunto official.
Witness Andrew F. Oliver, Surrogate of the said County at the Village of Penn
Yan aforesaid on the Six day of January in the Year of our Lord one thousand
Eight hundred and twenty nine.
A.F. Oliver, Surrogate
Of Yates Co.