WILL: David Hayes; Starkey, Yates, New York

submitted by Terrill Hayes (terrill.hayes at verizon.net)
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Source: Yates Co NY Will Book Vol. E page 583
Written: 24 Feb 1848
Probated: 13 May 1848
     
The following is certified as a "true copy" of the proofs and the Will,
transcribed from a photocopy of the handwritten records of the Surrogate Court
of Yates county:

Will

The last will and Testament of David HAYES of the town of Starkey County of
Yates and state of New York made this 24th day of February in the year of our
Lord one thousand eight hundred and forty eight. Considering the uncertainty
of this mortal life being at the same time of both sound mind and memory
(Blessed be Almighty God for the same)

Do make and Publish this my last will and testament in manner and form
following:

That is to say I give and bequeath to my beloved wife Mary the whole use of
the farm on which I now reside containing about one hundred and ten acres of
land as long as she lives.

I also give to my son David F HAYES at the death of my wife the above named
farm upon the following conditions:

First that he is to pay to my Daughter Betsey TARNEY the sum of two hundred
dollars when she calls for it (and should she not call for it then and in that
case pay it over to her heirs if called by her authority) if she is living and
capable of managing her business. If incapable or dead then to go to her heirs
but not at his disposal in any sense of the word. Likewise it is my will and I
give and bequeath unto my daughter Betsey above spoken of that lot of land
that they now live on to be at her disposal only and no other individual so
long as she shall live, and after her death to go to her children, but the use
of it to be appropriated for his support should her husband Bartholomew TARNEY
outlive her.

3rd He is to pay to my son Joel HAYES two hundred dollars

4th He is to pay my grandaughter Mary Ann the wife of George CULVER one
hundred dollars to be at her own disposal exclusively and to no other
individual but if she should die and have no heirs then to go to David and
Willis O'NEIL her brothers.

5th Also to David and Willis O'NEAL my grandsons one hundred dollars each.

6th Also to my son Benjamin HAYES three hundred dollars

The above named legacies he is to pay in three years with interest for two
years only from the death of my wife, and I further give and bequeath unto my
wife all my Personal property after all my debts and funeral charges are paid.
And I hereby appoint my son Joel and David F. HAYES my sole executors hereby
revoking all former wills by me made. In witness whereof I have hereunto set
my hand and seal the day and years above mentioned.

His
Signed and sealed David x HAYES

Mark

Isaac P. SEYMOUR Starkey Yates County
Hiram TITSWORTH Starkey Yates County

State of New York
Yates County
Surrogate Court SS: I certify that at a Surrogates Court held in and for the
County of Yates at the Surrogates Office in the village of Penn Yan on the
fifteenth day of July in the year one thousand eight hundred and forty eight
the foregoing written Will was duly showed and submitted to probate as the
last will and testament of David HAYES deceased as a Will of real and personal
estate.

In testimony whereof I have hereunto set my hand and affixed the seal of
office of the said Surrogate at the place and on the day and year last
aforesaid.

A OLIVER Surrogate [SS]

I certify the above to be a true copy of the original deed the 15th day of
July 1848.

A OLIVER

Surrogate

Pages 583-584
Yates County
Surrogate Court SS; Isaac P. SEYMOUR now of the town of Starkey in said County
of Yates being first duly sworn deposeth and saith that he saw David HAYES
deceased subscribe the instrument now shown to him This deponent and which
purports to be the last will and testament of the said David Hayes deceased
bearing date the 24th day of February in the year of our Lord one thousand
eight hundred and forty eight. That he heard the said David HAYES 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 Hayes and in
his presence. And further that at the time thereof the said David HAYES was of
sound mind and memory of full age and not under any restraint. And further
this deponent laith not.

Sworn and subscribed this fifteenth day of July 1848 before me: Isaac P.
SEYMOUR
A OLIVER Surrogate.

Yates County Ss
Surrogate Court. Hiram TITSWORTH of the town of Starkey of said County of
Yates being first duly sworn deposeth and saith that he saw David HAYES
deceased subscribe the instrument now shown to him This deponent and which
purports to be the last will and testament of the said David Hayes deceased
bearing date the 24th day of February in the year of our Lord one thousand
eight hundred and forty eight. That he heard the said David HAYES 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 Hayes and in
his presence. And further that at the time thereof the said David HAYES was of
sound mind and memory of full age and not under any restraint. And further
this deponent laith not.

Sworn and subscribed this fifteenth day of July 1848 before me: Hiram
TITSWORTH
A OLIVER Surrogate.

The foregoing proofs and examinations taken before me the Surrogate aforesaid
at the time and place last aforesaid, and that 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 of David HAYES deceased was duly executed;
that the said Testator at the time of executing the same was in all respects
competent to devise said estate and to bequeath personal property and not
under any restraint -- Do therefore allow the said will proofs and
examinations to be recorded. [Illegible] Andrew OLIVER Surrogate as aforesaid
the day and year last aforesaid.

A. OLIVER Surrogate

I certify the above to be a True Copy of the original deed this 15th day of
July 1848

A OLIVER

Surrogate

The following is an affidavit about the notice to appear published in Albany,
NY:

State of New York, City and County of Albany:
William G. BISHOP, of the city of Albany, being duly sworn, says that he is
the foreman in the office of the Albany Argus, the State paper, and that the
notice, of which the annexed is a printed copy, has been regularly published
in said Albany Argus, once in each week, for six weeks successively,
commencing on the second day of June 1894:

The people of the state of New York, by the grace of God free and independent,
to Mary Hayes, widow of David HAYES, late of Starkey, deceased, Joel HAYES of
the same place, Mary Ann, wife of George CULVER, and Willis O'NEIL, both of
Woodhull, David O'NEIL of Reading, and Betsey, wife of Bartholomew TARNEY of
Bath in the county of Steuben, N. Y., Benjamin HAYES of Little Valley,
Cattaraugus county and state aforesaid, and Levi O'NEIL, whose particular
place of residence cannot be ascertained after diligent inquiry, but who is
supposed to reside somewhere in the southern or western states, send greeting:

You and each of you are hereby cited and required personally to be and appear
before our surrogate of the county of Yates at his office in the village of
Penn Yan on the 15th day of July next, at 10 o'clock in the forenoon of that
day, then and there to attend the probate of a certain instrument in writing,
purporting to be the last will and testament of David HAYES, deceased, and
bearing date the 24th day of February, eighteen hundred and forty-eight, on
application of David F. HAYES, claiming to be the executor thereof; which said
will relates to real and personal estate.

In testimony whereof, we have caused the seal of office of our said surrogate
to be hereunto affixed. Witness, A. OLIVER, surrogate of the said county of
Yates, in said county, at the village of Penn Yan, the 13th day of May in the
year of our Lord, one thousand eight hundred and forty-eight. A. OLIVER,
Surrogate.