WILL: David F. Hayes; Starkey, Yates, New York submitted by Terrill Hayes (terrill.hayes at verizon.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/yates/wills/vq/hayes-davidf.txt *********************************************************************** Source: Yates County New York Surrogate Court Records: HAYS David F 1896 136B Yates County Historical Society Yates County NY Will Book Vol. Q page 202 Written: 22 Jul 1889 Probated: 1896 The last will and testament of David F. HAYES of the town of Starkey in the County of Yates and State of New York. I David F. HAYES do hereby declare and publish this my last Will and testament as follows -- First. I give and devise to my son Washington D. HAYES the home and lot and appurtenances thereto belonging, in which he now resides and knows as the Livery Stable property situate on the north side of Hollister street in the village of Dundee, the same to be free and clear of all incumbrances [sic] or lien. Second. I give, bequeath and devise all the remainder of my real and personal estate of what nature or kind soever to my sons Washinton D. HAYES, Columbus HAYES and my wife Emeline HAYES, the executors of this my last Will and testament hereinafter nominated and appointed in trust, for the payment of my just debts and the legacies and charges from the said estate hereinafter specified, to be held and possessed by them for the purpose aforesaid for and during the natural life of the said Emeline Hayes, and from and after her demise, I give bequeath and devise the said balance of my said estate so be held in trust, to my said two sons Washington D. and Columbus HAYES, and my daughter Jeanette GAY, these and each of them their heirs and assigns respectively, each of my said three children to be entitled to and share equally therein. And I hereby order, will and direct that during the continuance of the said trust-estate and the life of my said wife Emeline HAYES, there shall be paid to her all the net profits and income of said trust estate, after paying all my just debts and the necessary costs and expenses of caring for and preserving the said trust estate for her use and comfort so long as she may live. And at her death, then the said trust estate to be divided and go to my said three children as aforesaid mentioned and provided. Third. The said device and bequest to my said wife aforesaid is made and to be accepted by her in lieu of all dower interest or claim against my said estate either real or permanent and in full satisfaction and discharge of any further or other right, claim or interest therein. Fourth. I do hereby empower, order and direct that my said executors, as the survivors or survivors of them, may, if they shall elect so to do, to sell and dispose of all my said trust estate, both real and personal, or any part thereof, and convert the same into money, asper such terms and conditions as they shall deem best; and they are also authorized and empowered to rent said estate and receive the rents and income thereof, if they shall think best so to do, the net income thereof to be paid to the said Emeline Hayes during her natural life, and the avails of the sales of any portion on all said trust estate to be invested by my said executors, and the interest paid to her during her life time, and for such purpose, my said executors are hereby authorized and empowered to receive the said avails of said estate and to invest and received the same, and such rents and income to pay to my said wife Emeline Hayes as aforesaid. And in case of the death of my said wife Emeline before my decease, then all the said trust estate before mentioned to go and is hereby given and devised to my said three children equally, share and share alike, always excepting from said trust estate the home and lot and appurtenances first above mentioned and devised to my son Washington D. Lastly. I do hereby nominate and appoint my said wife Emeline HAYES and my said two sons Washington D. and Columbus HAYES to be the executors and Trustees of my estate and of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal the 22nd day of July one thousand eight-hundred and eighty-nine. David F HAYS (in his own hand) [seal] The above instrument consisting of one white sheet was at the date thereof signed, sealed, published and declared by the said David F. HAYES as and for his last will and testament in presence of us who at his request and in the presence of each other, have subscribed our names as witnesses hereto. Henry V. L. JANES Dundee Yates County NY Edward L SMITH Dundee Yates County NY PETITION FOR PROOF OF WILL STATE OF NEW YORK, Surrogate's Court, Yate County, To Hon John T. KNOX The Surrogate of the County of Yates, THE PETITION of Washington D. HAYS of the town of Starkey, in the County of Yates, respectfully showeth: I. That David F. HAYS, the town of Starkey in said County of Yates, departed this life in the said town of Starkey, on or about the 11th day of Nov. in the year of our Lord, one thousand eight hundred and ninety six having previously, as your petitioner is informed and believes duly made and executed his last Will and Testament, which is now produced in the Surrogates Court of said County of Yates, before the said Surrogate, and which bears the date the 22nd day of July in the year of our Lord, one thousand eight hundred and eighty-nine II. That the said deceased was a citizen of the United States, and was, at or immediately previous to his death, an in habitant of the said County of Yates. III. That the said decedent died possessed of both real and personal property within this State and County; and that, as your petitioner is informed and believes, the value of the personal property of which the said decedent died possessed (together with the probable amount to be recovered, by reason of any right or action granted an administrator of the said decedent, by special provision of law,) does not exceed the sum of two thousand dollars, and the value of real estate is of the estimated value of four thousand dollars, making in all the estimated value of six thousand dollars. IV. Your petitioner further shows that the deceased left the following named persons, his heirs at law, and next of kin, executors, trustees, legatees, and devisees, his surviving, and that their respective ages and places of residence as as follows, viz.: Jeannett GAY, Daughter residing at town of Starkey, Yates Co., NY Washington D. HAYS, son, residing at town of Starkey, Yates Co., NY Columbus A. HAYS, son, residing at Penn Yan, Yates Co., NY That Emeline HAYS, the wife of decedent--as mentioned in the last will and testament of deceased, died in or about the year 1894, leaving only the said daughter and two sons above named as his heirs at law him surviving.