WILL: Samuel Kress, Jr.; Starkey, Yates co., NY surname: Kress, Maring, Tillman submitted by Bonnie Bunce *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Probate record of Samuel Kress, Jr., Yates Co., New York. 20 July 1852 Yates co NY Will Book Vol. F page 170 Written: 20 Jul 1852 Probated: 30 Oct 1852 The following is copied from the probate record of Samuel Kress, Jr., son of Samuel and Catherine (Slaughter) Kress of Starkey, Yates Co., New York. He was a brother of my g.g.grandfather, John Jay Kress. Will of Samuel Kress, Jr., dated 20 July 1852, filed in the records of the Surrogate Court for Yates County, New York. He died on 24 October 1852. "Know all men by these presents that I Samuel Kress of the town of Starkey, county of Yates and State of New York being sound disposing mind and memory, do make and publish this my last will and testament. "1st. It is my will and I hereby direct that as soon as convenient after my decease, all my real estate and all my personal property, excepting such articles as are herein below specified as devised to my children and the articles to which my wife will be by law entitled, shall be sold to the best advantage, either at public or private sale, and that the money realized by such sale shall be paid out or applied as hereinafter directed. "2nd. I direct that all my just and lawful debts be paid and all funeral expenses. "3rd. I give and bequeath to my wife Sarah Kress, the same to be received and accepted by her in lieu of dower, the yearly interest of one third of such money, as shall be raised by the sale of my real estate, as above directed, and that said third part of such sum be safely invested for that purpose in bond and mortgage on inencumbered real estate; the said yearly interest to be paid to her, my said wife on the first day of April in cash and every year during her natural life. "4th. I give and bequeath to my youngest daughter Harriet Kress the sum of Two Hundred dollars to be paid to her out of the avails of the sale of my personal property. "5th. I give and bequeath to each of my four younger children, one bed and the ncessary bedding and one bedstead. "6th. I give and bequeath all the remainder of my estate to my children Catherine Maring, A. P. Tillman, Kress, Charles Kress, Ellen Kress, Emily Kress and Harriet Kress and their heirs respectively to be divided in equal shares among them. "7th. I ordain and appoint my friends John T. Andrews and George W. Van Allen as executors of this my last will and testament hereby revoking all wills be me heretofore made. "8th. I hereby nominate and appoint my friend John T. Andews guardian of such of my children as may be under the age of twenty one years at the time of my decease. "In testimony whereof I have hereunto set my hand and seal and publish and declare this to be my last will and testament in the presence of the witnesses below this Twentieth day of July in the year of our Lord one thousand eight hundred and fifty two." Samuel Kress [signed] ------------------------------------------------------------------- The first page of the probate record contained the following information: "To John L. Lewis, County Judge of the County of Yates: "The petition of A. Tillman Kress of Starkey in the County of Yates respectully showeth That your Petitioner is one of the heirs at law named in the last will and testament of Samuel Kress late of Starkey, in the County of Yates, deceased. That the said deceased was at or immediately previous to his death an inhabitant of the County of Yates, and departed this life in the town of Starkey aforesaid on the twenty fourth day of October instant and that said last will and testament as he is informed and believes relates to real estate and personal estate. "Your Petitioner further shows that the ______ heirs at law and next of kin of the said Samuel Kress, deceased are Sarah Kress, Pauline C. Maring, wife of Andrew Maring, Charles B. Kress, Mary E. Kress, Emily Kress, Harriet R. Kress and your petitioner all of whom reside in the said town of Starkey, except Pauline C. Maring, who resides in Tyrone, Steuben County, New York, and all of whom are of full age except the above named Mary, Emily and Harriet, who are minors under twenty one years of age, having no General Guardian. "Your petitioner further shows that he is informed & believes that the said Samuel Kress made executing(?) his last will and testament in his lifetime and in the month of June or July last, in which he appointed John T. Andrew and George W. Van Allen his executors and that said will is in the custody of said John T. Andrew who intends(?) to present the same for probate. "Your Petitioner therefore prays that a CITATION may issue out of and under the Seal of this Court, pursuant to the Statute in such case made and provided, to be directed to the aforesaid indiv. heirs at law and next of kin of the said Samuel Kress, deceased, requiring them personally to be and appear in this Court on a certain day to be therein specified, then and there to attend the probate of the last will and testament, and that process be ______ compel the said John T. Andrews to produce & prove the said will according to law. And your Petitioner will ever pray, &c. Dated this 30th day of October A.D. 1852." A. T. Kress [signed] [Note: By 30 Oct 1852, Abraham V. Harpending of Penn Yan had been named the Special Guardian of Samuel Kress' minor children, Mary E., Emily and Harriet R. Kress, since his name appears on the citation ordering them to attend the probate hearing scheduled before the Court on 16 Nov 1852.]