WILL: John Jay Kress; Starkey, Yates co., NY
surname: Kress, Ketchum, McLoud, Ovenshire, Norris, Slaughter, Bunce, O'Brien,
Reed

submitted by Bonnie Bunce <bbunce @ idcomm.com>
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The Will of John Jay KRESS, Yates Co. NY. 20 July 1865

The following is a transcribed copy of the will of John Jay Kress, son of
Samuel and Catherine (Slaughter) Kress of Starkey, Yates Co., New York.
J.J. Kress was my g.g.grandfather.

Yates co NY Will Book Vol. H page 248
Written: 20 Jul 1865
Probated:

    I, John Jay KRESS, residing in the town of Starkey, Yates County, N.Y.,
being of the age of seventy-eight years and upwards, and of sound mind and
memory, do make, publish and declare this to be my last will and testament
that is to say:
    First, I direct all my just debts and funeral expenses to be paid and
suitable monuments to be erected at my grave.
    Second, I give and bequeath to my wife Margaret KRESS in addition to
her legal claim to dower my best horse, harness and buggy, all my household
furniture, the use of that part of the house which I now occupy and the
privileges connected therewith and stable room for her horse during her
life.
    Third, I further direct my executors within two years after my death to
sell all my real and personal estate, subject to the dower right therein of
my said wife, as above mentioned, and distribute the proceeds as follows.
    Fourth, sic My executors are directed to pay my daughter Margaret
Harriet KETCHUM wife of William KETCHUM twenty five dollars and no more and
also give up to her all notes which I now hold against her, or which I may
have at the time of my death.
    Fifth, I direct my executors to distribute the remainder of the
proceeds of said sale equally among the rest of my children (not including
Margaret Harriet) then living, share and share alike, and to the legal
representatives respectively of those who may be dead and divide my
clothing equally among my five boys.
    Sixth, I direct that if any of my said children or heirs present any
claims against my estate for any cause which they may claim accrued during
my lifetime, then the child or heir making such demand shall be excluded
from all benefit which he or she would otherwise be entitled to by the
provisions of this will.
    Seventh, I direct that all notes (except the notes of my said daughter,
Margaret H. KETCHUM) and obligations which at the time of my decease I may
hold against any of my children shall be deemed and considered a part of my
personal estate, the amount of the notes or obligations held against each
child not exceeding the share of my estate to which such child will be
entitled by the provisions of this instrument to be turned(?) out to such
child and applied towards such share and if such amount shall exceed such
share, then the excess to be collected of such child and distributed
equally to and among the other children who are then living and the
respective legal representatives of those who are then dead.

    Lastly I do hereby nominate and appoint my two sons Andrew J. KRESS and
George W. KRESS and my brother Isaac KRESS to be the executors of this my
last will and testament hereby revoking all other wills by me made.

    In witness whereof I have hereunto set my hand and seal this 20th day
of July, 1865.

                            John J. KRESS (ss)

    The above instrument was subscribed by the above named John J. KRESS in
our presence and in the presence of each of us, and he at the same time
declared it to be his last will and testament and requested each of us to
sign the same as subscribing witnesses.

    L. I. Wilkin, Residing in Dundee, Yates Co., N. Y.
    W. G. Harpending, Residing in Dundee, Yates Co., N. Y.

    The "heirs at law and next of kin" listed on the probate record are as
follows: "Eliza Ann McLOUD, George W. KRESS, Halsey S. KRESS, Andrew J.
KRESS, and Mary Jane OVENSHIRE respectively residing at Starkey, Yates
County, New York; Samantha NORRIS residing at Barrington, Yates County,
State aforesaid; Susan A. SLAUGHTER, residing at Benton County and State
aforesaid; John S. KRESS and William KRESS respectively residing at
Reading, Schuyler County State aforesaid; Mary B. BUNCE residing at
Tescumseh, in the State of Kansas; Jane O'BRIEN residing at Fall River
State of Wisconsin; Harriet M. KETCHUM residing at Mauston, State last
aforesaid; John REED residing at Milford, Oakland County in the State of
Michigan and William W. REED residing at Argentine, Genesee County in the
State last aforesaid."