WILL: Jesse Cook; Penn Yan, Yates co., New York submitted by Sarita Kelty (saritakelty at juno.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/yates/wills/vf/cook-jesse.txt *********************************************************************** Source: Yates co. New York Will Book Vol. F page 547 Written: 12 Jan 1859 Probated: 17 Mar 1859 Subject: Jesse Cook of Yates Cty. Author: Sarita Kelty Date: Monday, November 27, 2000 Classification: will Surnames: Cook, McKnight, Bush, Gage, Judd Yates Surrogates Court in the matter of proving the will of Jesse Cook, Yates County ss; Charles G. Judd of Penn Yan being duly sworn says; that he received the instrument in writing, purporting to be the last Will and Testament of Jesse Cook of Penn Yan, deceased, from said deceased immidiately after the same was executed, and that the same remaind in the custody of this deponent until deponent brought the same to the Surrogate of Yates County for probate, and that whilst it remained in his custody it was in no respect altered or changed. C. G. Judd Sworn and subscribed before me this 17th day of March, 1859 William S. Briggs, Surrogate State of New York Yates County ss Elisha G. Hopkins being duly sworn and examined before William S. Briggs, Surrogate of the County of Yates, doth depose and say; that he knew Jesse Cook, deceased, in his lifetime; the the instrument now shown to this deponent and bearing date the 12th day of January 1859, purports to be the last Will and Testament of the said deceased; that deponent saw said deceased subscribe his name thereto at the end thereof; that at the time of such subscription the said deceased declared the said instrument to be his last will and testament; that such subscription and declaration were made in the presence and hearing of deponent; and that thereupon at the request of said deceased, and in his presence, deponent subscribed his name as a witness thereto; and this deponent further says that the said Jesse Cook at the time he so executed the said instrument was a citizen of the United States of sound mind and memory and not under any restraint. E. G. Hopkins Sworn and subscribed before me this 17th day of March 1859 William S. Briggs, Surrogate State of New York Yates County ss Samuel C Aspell being duly sworn and examined before William S. Briggs; Surrogate of the County of Yates, doth depose and say; that he resides in the town of Milo in the County of Yates, that he knew Jesse Cook, deceased, in his lifetime, that the instrument now shown to this deponent and bearing date the 12th day of January 1859, purports to be the last Will and Testament of said deceased; that deponent saw said deceased subscribe his name thereto at the end thereof; that at the time of such subscription the said deceased declared the said instrument to be his last Will and Testament, that such subscription and declaration were made in the presence and hearing of deponent and that thereupon at the request of said deceased and in his presence deponent subscribed his name as a witness thereto; and this deponent further says; that the said Jesse Cook at the time he so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, and not under any restraint. - Samuel C. Aspell Sworn and subscribed before me this 17th day of March 1859 William S. Briggs, Surrogate I, Jesse Cook, of Penn Yan, Yates County, N.Y. do hereby publish and declare this my last Will and Testament as follows: First-I direct that all my funeral expenses and debts be fully paid. Second-I give and bequeath unto my sone George Gook two hundred dollars which is to be in full satisfaction and discharge of all and every claim of said George against me for labor and services. This legacy to be paid after all my debts are paid. Third-I give and bequeath unto William McKnight five hundred dollars not to be paid however until he shall release and discharge my estate from all claims against the same for money borrowed of him and any other claim. Fourth-I give and bequeath unto my daughter Martha one hundred dollars. Fifth-I give and bequeath unto my daughter Harriet one hundred dollars to be paid to her as and for her separate property and to her son William by my executors at such time and in such sums from time to time as the same may be required for their support and maintenance. Sixth-I give and bequeath to my son John and my daughter Emily each fifty dollars. Seventh-I give and bequeath to my beloved wife all my household furniture, one span of mules, one cow, and twenty sheep in addition to her portion of my estate secured to her by law. Eighth-I give, devise and bequeath all the residue of my estate real and personal unto my sons George W. Cook, Thomas Cook and to my daughters Susan Bush, Mary McKnight and Martha Gage to be equally devided between them share and share alike. And Lastly-I do hereby appoint my son George W. Cook and my friend Charles G. Judd executors of this my last Will and Testament and I do authorise and direct my said executors to sell any or all of my real estate as may be necessary or as shall be required for the payment of my debts and legacies or any part of the same or either of them or for the final partition or settlement of my estate and all the foregoing legacies and devises are subject to this power of sale - Hereby revoking all former wills by me made. Witness my hand and seal this 12th day of January A.D. 1859 Jesse Cook The above instrument consisting of one sheet was at the date thereof signed, sealed, published, and declared by the said Jesse Cook testator as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. E. H. Hopkins of Penn Yan, Yates County, N.Y. S. C. Aspell of Penn Yan, Yates County, N.Y. State of New York Yates County ss - It is hereby certified that at a Surrogates Court duly held in and for said County of Yates, on the 14th day of March 1859; the last will and testament of Jesse Cook late of Milo in said County, deceased, (being the annexed written instrument) was duly proved before the Surrogate of said County according to law; and by him duly admitted to probate as such last Will and Testament as a will of real and personal estate, and that said will and the proofs and examinations taken in respect to the same have been duly recorded in said Surrogates Office, and it is further certified that letters testamentary were on the said 17th day of March duly granted to Charles G. Judd and George W. Cook, executors appointed in and by said will they having taken and subscribed the oath required by law as such executors. In testimony whereof the said Surrogate has hereto subscribed his name, and affixed his seal of office. William S. Briggs, Surrogate State of New York Yates County ss - It appearing upon the proof duly taken in respect to the last will and testament of Jesse Cook late of Milo in said county, deceased, that the said Jesse Cook died at said town of Milo on the seventeeth day January in the year 1859; that the said will was duly executed; and that the said Jesse Cook at the time he published and executed the same was in all respects competent to devise real estate and to bequeath personal property, and not under restraint; the said proofs and examinations, and the said last will and testament with the certificate of probate thereon, are hereby recorded in my office, and are sighend and certified by me, pursuant to statute, this seventeeth day of March 1859. William S. Briggs Surrogate