WILL: Nathan Cook; Fayette, Yates co., New York

submitted by Sarita Kelty (saritakelty at juno.com)
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Source: Yates co. New York Will Book Vol. C page 171
Written: 5 Dec 1833 
Probated: 30 Apr 1838
     
Cook, Nathan - Milo C-171
The last will and testament of Nathan Cook of the town of Fayette in the
county of Seneca and the state of New York. I Nathan Cook aged seventy-seven
years on the fourteenth day of February last past, being desierous to
discharge the duty that every man owes to his family, by making such
provisions for the distribution of any property as shall be just and
equitable; do make publik and declare this my last will and testament as
follows

First I direct that the expenses of my last (socknifo?) and of my funeral
shall be paid in preference to any devise or legacy herein contained-

Second I give and bequeath to my daughters Amy Cook and Mary Chidsey all my
household furniture to include all my beds the (distead?) and bedding and I
direct that the same be equally divided between them, my said daughters,
immidiately after my decease by Jesse Cook and William Sweet, two of my
executors or personal representatives therein after mentioned. And I furthur
direct that my executors or personal representatives herein after mentioned
pay to my said daughter Amy Cook the interest of the sum of two thousand
dollars as hereinafter mentioned.

Third, I hereby empower order and direct my executors or personal
representatives to sell and dispose of all my personal and real property or
estate herein not otherwise bequeathed at private sale or otherwise as they
shall deem (mect?) and proper and that the proceeds of the sale be divided,
distributed and appropriated as herein after mentioned and directed.
Fourth-I will and direct that two thousand dollars of my estate be invested in
good bonds and mortgages on real estate or in some good publik stock in the
name of my executors or personal representatives and in that capacity, and
that the interest of said two thousand dollars, be paid to my said daughter
Amy Cook annually for her support and after her death the said sum of two
thousand dollars shall be distributed in the same proportion as herein after
directed in respect to the rest and residue of my personal and real estate or
property.

Fifth In respect to the rest and residue of my personal and real estate not
herein before disposed of I give and divise for my son Jesse Cook or his
heirs. To my son Samuel Cook or his heirs, to the heirs of my son Nathan Cook
deceased, to the heirs of my daughters Martha Harkness deceased and to my
daughter Mary Chidsey, or her heirs and I will and direct that my said estate
be divided in a manner following to with, the said Jesse Cook or his heirs
shall have one fifth part, the said Samuel Cook or his heirs shall have one
fifth part, the said heirs of Nathan Cook deceased shall have one fifth part,
the said heirs of Martha Harkness deceased shall have one fifth part, and the
said Mary Chidsey or her heirs shall have one fifth part - and I further will
and direct that my said estate be divided and distributed as above directed by
my executors or personal representative hereinafter mentioned at the
expiration of one year after my decease. I do hereby nominate and appoint my
said son Jesse Cook and my friend William Sweet executors and my said daughter
Mary Chidesy executrix of this my last will and testament and I hereby
expressly revoke all and every former will by me made. In witness whereof I
have hereunto set my hand and seal the twenty fifth day of December in the
year of our Lord one thousand eight hundred and thirty three-

Signed sealed published and declared by the testator to be his last will and
testament in the presence of us who at his request and in his presence and in
the presence of each other have subscribed our names as witnesses}William
Cornwell of the town of Milo in the county of Yates and the state of New York
Iristus Glover of the town of Milo in the county of Yates and the state of New
York.
FEBRUARY 22, 1836 CODOCIL TO AMMENDMENT AND MODIFICATION OF MY LAST WILL AND
TESTAMENT

I Nathan Cook, do will and declare that the children and heirs at law, whoever
they are or may be of my son Nathan Cook deceased, be excluded; and take
nothing by my said will. But that the part and portion in the said will
assigned to them be given and delivered as follows; the one fourth to my son
Jesse Cook or to his heirs. The one fourth to my son Samuel Cook or to his
heirs. The one fourth to the heirs of my daughter Martha Harkness deceased,
and the other fourth, which takes the whole that was by said will assigned to
the heirs of said Nathan Cook deceased, to my daughter Mary Chidsey and to her
heirs.

And I further will that William Sweet be excluded from the trustee and
executorship under my will and codicil and that the said Mary Chidsey be the
guardian of the said heirs of the said Martha Harkness deceased, under my will
and manage their part and portion under my will, putting the same out as
interest or principle to the maintenance, support and education of the said
heirs. And also to be the trustee and guardian of my daughter Amy Cook in
putting out on interest and managing her portion under my will. The said
interest or principle to be frugally used for the support and maintenance of
the said Amy Cook-And I declare this to be a Codicil and forms part of my last
will and testament.

Nathan Cook
In presence of
John Watkins, Waterloo
Benjamin F. Whartenby, Waterloo

Yates County
Surrogate Office
Be it remembered that on this 30th day of April A.D. 1838 the above written
instrument was duly proved according to law as and for the last will and
testament and codicil thereunto annexed of the real and personal estate of
Nathan Cook deceased in the surrogate court of the County of Yates- Witness my
hand and seal of office A. F. Oliver, surrogate