WILL: David Gilbert; Middlesex, Yates, New York

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Source: sampubco.com
Yates co., New York Will Book Vol. B page 275
Written: 26 May 1830
Probated: 28 Nov 1832

At a Surrogates Court held for the County of Yates at the Surrogates Office in
the Village of Penn Yan Nov. 10th 1832
Present A.F. Oliver Surrogate
In the Matter of proving the will of the
Real Estate of David Gilbert deceased
It satisfactorily appearing to the court that Simeon Gilbert[,] Isaac N.
Gilbert and Martha Ann Gilbert are heirs at law of the said David Gilbert
deceased and are minors. It is Ordered that William Fanning of the Town of
Middlesex in the County aforesaid be, and he hereby is appointed Guardian of
the said Minors respectively to take care of the interests in the proceedings
in this matter ƒ " Witness Andrew F. Oliver Surrogate of the said County at
the Village of Penn Yan the 10 day of November 1832.
A.F. Oliver Surrogate

At a Surrogates Court held for the County of Yates at the Surrogates office in
the Village of Penn Yan Nov. 28 1832.
Before Andrew F. Oliver Surrogate of the said County for the purpose of
proving and recording the last will and Testament of David Gilbert late of the
County of Yates deceased in pursuance of Chapter 6. Title 1. Article 1. Part 2
of the revised Statutes of the State of New York on the application of Henry
Gilbert an heir at law of the said David Gilbert deceased and a devisee in
said Will named Henry Gilbert applicant appeared in proper person and for Mary
Gilbert[,] his sister[,] Martha Gilbert Widow appeared William Fanning
Guardian in this matter appeared in behalf of the said minor children and
admitted service of legal notice William Fanning of the Town of Middlesex in
the County of Yates being duly sworn deposeth and saith that he did on the 12
day of November inst. Serve a notice of which the annexed notice is a true
copy upon Mary Ann Gilbert Sworn and Subscribed before Wm. Fanning
On this 28 Nov. 1832 A.F. Oliver Surrogate

Martha Gilbert of the town of Middlesex in the County of Yates being duly
sworn deposeth and saith, that she did on the 12 day of November instant
service a true copy of the annexed notice upon William Fanning Guardian to the
minor children in the annexed notice named
Sworn & Subscribed before
me this 28 day of Nov. 1832 Martha Gilbert
A.F. Oliver Surrogate
To Martha Gilbert Widow[,] Henry Gilbert[,] Mary Ann Gilbert and to William
Fanning Guardian to Simeon Gilbert [,] Isaac N. Gilbert and Martha Ann Gilbert
minors, heirs of David Gilbert late of the Town of Middlesex in the County of
Yates deceased and to all others whom this notice may concern ƒ " You and
each of you are hereby required to take notice that I shall apply to Andrew F.
Oliver Surrogate of the County of Yates at his office in the Village of Penn
Yan in the said county of Yates on the 28 day of November instant at ten
oclock in the fore noon of that day to have the last Will and Testament of
said David Gilbert deceased proved and recorded pursuant to the Revised
Statutes of the State of New York.
Yates County
Surrogates Court Henry Gilbert
Oren Green being duly sworn deposeth and saith that he was well acquainted
with David Gilbert in his life time and that the persons whose names are in
the annexed notice are heirs and all the heirs at law of the said David
Gilbert deceased
Sworn & Subscribed before
me this 28 Nov. 1832 Oren Green
A.F. Oliver Surrogate

Yates County
Surrogates Court
In the matter of proving and recording the last Will and Testament of David
Gilbert deceased
Chester Loomis of the town of Gorham in the County of Ontario being duly sworn
deposeth and saith that he saw David Gilbert subscribe the instrument now
shown to him this deponent and which purports to be the last Will and
Testament of the said David Gilbert deceased bearing date the twenty ninth day
of May in the year of our Lord one thousand Eight hundred and thirty that he
heard the said David Gilbert declare the same to be his last Will and
Testament and that he this deponent did subscribe his name as a witness
thereto at the request of the said David Gilbert, and further that at this
time thereof the said David Gilbert was of sound mind and memory of full age
and not under any restraint.
Sworn & Subscribed before
me this 28 day of November 1832 Chester Loomis
A.F. Oliver Surrogate

Ira Bassett of the Town of Middlesex in the County of Yates being duly sworn
deposeth and saith that he saw David Gilbert deceased subscribe the instrument
now shown to this deponent and which purports to be the last Will and
testament of the said David Gilbert deceased bearing date the twenty ninth day
of May in the year of our Lord one thousand Eight hundred and thirty that he
heard him the said David Gilbert declare the same to be his last Will and
Testament and that he this deponent subscribed his name as a witness thereto
at the request of the said David Gilbert, and further that at the time thereof
the said David Gilbert was of sound mind and memory, of full age and not under
any restraint.
Sworn & Subscribed before Me 28 November 1832 Ira Bassett
A.F. Oliver Surrogate

Oren Green of the town of Middlesex in the County of Yates being duly sworn
deposeth and saith, that he saw David Gilbert deceased subscribe the
instrument now shown to him this deponent and which purports to be a codicil
to the last Will and Testament of the said David Gilbert deceased bearing date
the third day of July in the year of our Lord one thousand Eight hundred and
thirty two, that he heard the said David Gilbert declare the same to be a
codicil to his last Will and testament and that he this deponent did subscribe
his name as a witness thereto at the request of the said David Gilbert and
further that at the time thereof the said David Gilbert was of sound mind and
memory of full age and not under any restraint.
Subscribed and Sworn before me this 28 November 1832 Oren Green
A. F. Oliver Surrogate

Yates County
Surrogates Court
In the matter of proving and recording the codicil of the last Will and
Testament of David Gilbert deceased Chester Loomis of the town of Gorham in
the County of Ontario being duly sworn deposeth and saith, that he saw David
Gilbert subscribe the instrument now shown to him this deponent and which
purports to be a codicil to the last Will and testament of the said David
Gilbert deceased bearing date the third day of July in this year of our Lord
one thousand Eight hundred and thirty two, that he heard him the said David
Gilbert declare the same to be a codicil to his last Will and testament, and
that he this deponent did subscribe his name as a witness thereto at the
request of the said David Gilbert and further, that at the time thereof the
said David Gilbert was of sound mind and memory of full age and not under any
restraint.
Sworn & Subscribed before me this 28 November 1832 Chester Loomis
A.F. Oliver Surrogate

For the purpose of settling my worldly affairs and arranging my temporal
concerns in such manner that a proper distribution of such property as I have
been enabled through the good providence of God to acquire may be made among
my lawful heirs I do hereby make and publish this my last Will and testament
in manner and form following that is to say ƒ " First I give devise and
bequeath to my beloved wife Martha one third part of my Estate for and during
the term of her natural life 

Secondly I give and bequeath to all my children their heirs and assigns
forever the remainder of my Estate both real and personal in shares and
proportions as herein after stated and subject to the conditions herein after
stated and subject to the conditions herein after contained. Viz. to each of
my sons I give devise and bequeath double the amount of the share or
proportion that I give devise and bequeath to each of my daughters, If however
any one or more of my said sons shall leave my residence and family before he
or they shall attain the age of twenty one years for the purpose of learning
or acquiring a trade or profession or for any other purpose shall absent
himself or themselves for the period of one year or more, then and in that
case it is my will and I hereby direct that the sum of fifty dollars per year
of such absence be deducted from such share or proportion to which such son or
sons would otherwise under the above provisions be severally entitled,
provided nevertheless, that no such deduction shall be made for any such
absence which may happen to take place for any time previous to such sons
attaining the age of eighteen years 

I further give devise and bequeath to my daughters in equal proportions and to
their heirs and assigns one half the amount severally to which my sons
severally may be entitled under the foregoing provisions ƒ " In witness
thereof I David Gilbert of the Town of Middlesex in the County of Yates have
hereunto set my hand and seal the twenty sixth day of May in the year of our
Lord one thousand Eight hundred and thirty.
Signed Sealed Published and declared
by the said testator in our presence and we
have hereunto set our names as witnesses David Gilbert
in the presence of the said Testator and
in the presence of each other
Chester Loomis Residing in Gorham
Ira Bassett Residing in Middlesex

I David Gilbert the above named Testator do hereby make publish and declare
the following codicil and supplement to the above will and Testament
heretofore made and executed by me viz.
Whereas my beloved son Henry has received a horse estimated of the value of
fifty dollars now therefor I hereby order and direct that in addition to such
deduction from his share as is directed in the above will on account of his
absence from home in learning and acquiring a trade or profession, a further
deduction of the aforesaid sum of fifty dollars shall be made from his share
for the horse so by him received I do hereby further order and direct that the
sum of fifty dollars be added to the share to which my beloved daughter Martha
Ann will be entitled by virtue of the foregoing will and Testament In witness
whereof I have hereunto set my hand and seal the third day of July in the year
of our Lord one thousand Eight hundred and thirty two
Signed Sealed published & declared by the above named David Gilbert David
Gilbert s.s. 
as a codicil or supplement to his last Will and Testament on the day & year
above last written in our presence as witnesses who have hereunto set our
names as such in the presence of the said Testator and of each other
Chester Loomis of Gorham Ontario County Oren Green of Middlesex Yates County
Yates County Surrogates Office )ss Be it remembered that on the 28th day of
November A.D. 1832 the above written instrument was duly proved according to
law as and for the last will of the Real Estate of David Gilbert deceased in
the Surrogates Court of the County of Yates (L.S.) Witness my hand and seal of
Office
Andrew F. Oliver Surrogate

The foregoing proofs and examinations taken before the surrogate aforesaid at
the time and place first mentioned and the depositions of the respective
witnesses were by them respectively subscribed after having been carefully
read over to them, and I the said Surrogate being satisfied upon the said
proofs taken that the said Will was duly executed, that the said Testator at
the time of executing the same was in all respects competent to devise real
Estate and not under any restraint, do therefore allow the said Will proofs
and examinations to be recorded. Witness Andrew F. Oliver aforesaid this 28th
day of November 1832.
A.F. Oliver Surrogate True Copy of the original record & recorded & examined
28 Nov. 1832 A.F. Oliver Surrogate

State of New York
Yates County SS Be it remembered that on the twenty eighth day of November in
the year of our Lord one thousand Eight hundred and thirty two personally
appeared before me Andrew F. Oliver Surrogate of the County of Yates aforesaid
Chester Loomis one of the subscribing witnesses to the Will and codicil of
David Gilbert late of the Town of Middlesex in the said County deceased who
being duly sworn declared that he did see the said David 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 and codicil of the said david Gilbert deceased said will
bearing date the twenty ninth day of May in the year of our Lord one thousand
Eight hundred and thirty; & said Codicil bearing date the third day of July in
the year last aforesaid that he heard him the said David Gilbert publish and
declare the same as and for his last Will and Testament that at the time
thereof he the said David Gilbert was of sound disposing mind and memory to
the best knowledge and belief of him the said Chester Loomis and that he
together with Ira Bassett the other witness to said Will, & Oren Green the
other witness to said Codicil did severally subscribe their names thereto as
witnesses in the presence of the said Testator. In testimony whereof the said
Surrogate hath hereunto set his hand and affixed his seal of office. Done at
Penn Yan this twenty eighth day of November A.D. 1832. Andrew F. Oliver
Surrogate

For the purpose of settling my worldly affairs and arranging my temporal
concerns in such manner that a proper distribution of such property as I have
been enabled through the good providence of God to acquire may be made among
my lawful heirs I do hereby make and publish this last Will and Testament in
manner and form following that is to say. First I give devise and bequeath to
my beloved wife Martha, the one third part of my Estate for and during the
term of her natural life. Secondly, I give devise and bequeath to all my
children, their heirs and assigns forever the remainder of my Estate both real
and personal in share and proportion as herein after stated and subject to the
conditions herein after contained, viz ƒ " To each of my sons I give devise
and bequeath double the amount of the share or proportion that I give devise
and bequeath to each of my daughters. If however any one or more of my said
sons shall leave my residence and family before he or they shall attain the
age of twenty one years for the purpose of learning or acquiring a trade or
profession on or for any other purpose and shall absent themselves or
themselves for the period of one year or more, then and in that case it is my
will and I hereby direct that the sum of fifty dollars per year (of such
absence) be deducted from such share or proportion to which said son or sons
would otherwise under the above provisions be severally entitled ƒ " provided
nevertheless that no such deduction shall be made for any such absence which
may happen or take place for any time previous to such sons attaining the age
of eighteen years. I further give devise and bequeath to my daughters in equal
proportions and to their heirs and assigns one half the amount severally to
which my sons severally may be entitled under the foregoing provisions. In
witness where of
I David Gilbert of the Town of Middlesex in the County of Yates have hereunto
set my hand and seal the twenty ninth day of May in the year of our Lord one
thousand Eight hundred and thirty. David Gilbert (L.S.)
Signed Sealed Published and declared by the
said Testator in our presence and we
have hereunto set our names as witnesses
in the presence of the said Testator
and in the presence of each other
Chester Loomis residing in Gorham
Ira Bassett residing in Middlesex

I David Gilbert the above named Testator do hereby make publish and declare
the following Codicil and Supplement to the above will and Testament
heretofore made and executed by me viz. Whereas my beloved son Henry has
received a horse estimated of the value of fifty dollars. Now therefore I
hereby order and direct, that in addition to such deduction from his share as
is directed in the above will on account of his absence from home in learning
and acquiring a trade or profession [ec? cc?] further deduction of the
aforesaid sum of fifty dollars shall be made from his share for the horse so
by him received. I do hereby further order and direct that the sum of fifty
dollars be added to the share to which my beloved daughter Martha Ann will be
entitled by virtue of the foregoing will and Testament
In witness whereof I have herein to set my hand and seal the third day of July
in the year of our Lord one thousand Eight hundred and thirty two.
David Gilbert L.S.
Signed Sealed published and declared by the above named David Gilbert as a
codicil or supplement to his last Will and Testament on the day and year above
last written in our presence as witnesses who have hereunto set our names as
such in the presence of the said Testator and of each other 
Chester Loomis of Gorham Ontario County 
Oren Green of Middlesex Yates County

Yates County
Surrogates Court ss I hereto certify that the above written will was duly
admitted to probate by me on the twenty Eighth day of November 1832 as will
more fully appear by the probate hereto annexed.
Andrew F. Oliver Surrogate
A true copy of the original record & recorded examined this 28 day of Nov.
1832 A. F. Oliver Surrogate