WILL: Nathan Hays; 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/vs/hays-nathanl.txt
***********************************************************************
Source: Yates co NY Will Book Vol. S page 1
Written: 13 Jul 1894
Probated: 31 Jan 1899
     
Yates County, New York, Surrogate Court Record: Hays Nathan L ; date filed
1899; locator 151C; named Sarah E WIXSON; Edward E, Warren W. & Harry HAYS;
Ella M BUCKLEY; Maud ROLOSON; Mate NEWELL; Annis & Sophronia BURLESON; Joel
BENJAMIN; Melissa LOSEY; Mary A BRONSON; George & Willie BENSON; Addie WOODS:

Know all men by these presents, that I Nathan L. HAYS of Starkey, Yates Co.,
N. Y. do make publish and declare this to be my last will and testament, that
is to say,

FIRST I direct my executors herein after named to pay all my just debts and
funeral expenses,

SECOND I give and bequeathe to my brother Warren HAYS, to my sister Melissa
ROLOSON to her daughter Maud ROLOSON, to Edward E. HAYS, Son of Warren HAYES,
to Ella M. BUCKLEY, daughter of Warren HAYS and to my niece Sarah WIXSON, each
One Hundred Dollars. And if my cousins Marium THOMAS and Betsy A. COON or to
such of them as may be living at the time of my death each One Hundred
Dollars,

THIRD I give and devise to my niece Sarah WIXSON the sole use and occupation,
and all the rents issues and profits of my farm as long as she lives and at
her death my Executors may sell said farm and divide the proceeds thereof as
follows
One part to the heirs of my said Niece Sarah WIXSON, one part to Maud ROLOSON,
one part to my nephew Edward E. HAYS, one part to my niece Ella M. BUCKLEY.
Such shares to be equal among the previous named, share and share alike.
Provided further that if my personal estate is not sufficient to pay my debts
and funeral expenses, and also pay the bequests provided for in subdivision
second, then my Executors must mortgage my said farm for enough to make such
bequests good. The interest to be paid by Sarah Wixson.

FOURTH I hereby nominate and appoint my niece Sarah Wixson and my nephew
Edward E. HAYS to be the executors of this my last will and testament freely
revoking all other wills by me made.
July 13, 1894
Nathan L HAYS L.S.

S. J. WILKIN, Witness residing at Dundee, N.Y.
Geo. P. LORD, Witness residing at Dundee, N.Y.

PETITION FOR PROOF OF WILL

To the Surrogate's Court of the County of Yates in the State of New York:
The Petition of Sarah E. WIXSON and Edward E. HAYS of Starkey in the County of
Yates and State of New York respectfully shows:

That Nathan L. HAYS died on the 17th day of January 1899, at Starkey in the
County of Yates and State of New York, leaving real and personal property
within your County, and leaving a will of real and personal property bearing
date the 13th day of July 1894, executed by him at Starkey, Yates County State
of New York, in which your petitioners are named is designated as Executors;

That the said testator was, at the time of his death, a resident of said
County of Yates, and resided at Starkey, in Yates County;

That the said testator left him surviving no wife and that the following are
all the heirs and next of kin of the said testator and their respective ages
and places of residence, to wit:

Warren W. HAYS, brother, aged 67 years residing at Starkey in the State of
N.Y.
Melissa M. ROLOSON, sister, aged 63 years, residing at Hornby in the State of
N.Y.
Edward E. HAYS, nephew, aged 42 years, residing at Addison in the State of
N.Y.
Harry HAYS, nephew, aged 25 years, residing at Elmira in the State of N.Y.
Sarah E. WIXON, niece, aged 40 years, residing at Dundee in the State of N.Y.
Ella M. BUCKLEY, niece, aged 28 years, residing at Bath in the State of N.Y.
Maud ROLOSON, niece, aged 26 years, residing at Hornby in the State of N.Y.
Mate NEWELL, over 21 years of age, residing at South Addison in the State of
N.Y.
Annis BURLESON, over 21 years of age, residing at Canisteo in the State of
N.Y.
Joel BENJAMIN, over 21 years of age, residing at South Addison in the State of
N.Y.
Sophronia BURLESON, over 21 years of age, residing at Canisteo in the State of
N.Y.
Melassa LOSEY, over 21 years of age, residing at Norton in the State of Kansas
Mary A. BENSON, over 21 years of age, residing at Reno in the State of Kansas
George BENSON, over 21 years of age, residing at Liberal, Barton Co., MO
Willie BENSON, over 21 years of age, residing at Silver Creek in the State of
Neb.
Addie WOODS, over 21 years of age, residing at Silver Creek in the State of
Neb.
(The following in a different hand and very faintly:)
Aden STANTON, Bath, N.Y., minor under 14

That no petition for probate of said will has been filed in any Surrogate's
Court;

That your petitioner is informed and believes that the real estate of said
decedent does not exceed in value the sum of $4,500 and that the personal
estate of said decedent does not exceed in value the sum of $200;

Your petitioner therefore prays that the said will may be proved, and that the
said wife and the said heirs and next of kin of the said testator may be cited
to attend the probate thereof.

Dated the 31 day of January 1899

(Signed in their own hand)

Edward E. HAYES Petitioner

Sarah E. WIXSON